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HomeMy WebLinkAbout10/15/1996CitCOIU0cl,; AGENDA Tuesday, October 15, 1996 6:30 p.m. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Eileen Ansari Mayor Pro Tem Bob Huff Council Member Clair W. Harmony Council Member Carol Herrera Council Member City Manager City Attorney City Clerk Gary Werner Terrence L. Belanger Michael Jenkins Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in writing to the City Clerk. As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the Rem is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. Individuals are requested to refrain from personal attacks toward Council Members or other persons. Comments which are not conducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. If not compiled with, you will forfeit your remaining time as ordered by the Chair. Your cooperation is greatly appreciated. In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In cases of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Council may act on an Rem that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting of the Diamond Bar City Council. A. Disorderly behavior toward the Council or any member of the thereof, tending to interrupt the due and orderly course of said meeting. B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order of the Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. 1. CLOSED SESSION: 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Next Resolution No. 96-72 Next Ordinance No. 04(1996) 6:30 p.m. October 15, 1996 Presentation of Colors and Pledge of Allegiance by Boy Scout Troop 737 Council Members Harmony, Herrera, Werner, MPT/Huff, M/Ansari 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presentation of Certificates of Recognition to members of Boy Scout Troop 737 for being first troop to complete the fifty mile hike along the Silver Moccasins Trail on its Golden Anniversary. 3.2 Presentation of City Tile to Troy Butzlaff for his efforts to relocate the City of Industry Materials Recovery Facility (MRF). 3.3 Presentation of City Tile to Peter Lewandowski for his efforts to relocate the City of Industry Materials Recovery Facility (MRF). 3.4 Proclaiming October 24, 1996 as "United Nations Day." 3.5 Proclaiming October 26, 1996 as "Make a Difference Day." 3.6 Proclaiming October 27 - November 2, 1996 as "World Population Awareness Week." BUSINESS PERSON OF THE MONTH: 3.5 Presentation of City Tile to Diamond Bar Honda. Continued from October 1, 1996 4. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council. OCTOBER 15, 1996 PAGE 2 5. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS & RECREATION COMMISSION - October 24, 1996 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION - October 28, 1996 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 TOWN HALL MEETING - Joint Meeting with Parks & Recreation Commission - November 2, 1996 - 9:00 a.m. - 12:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.4 CITY COUNCIL MEETING - November 5, 1996 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: A. Regular Meeting of September 17, 1996 - Approve as submitted. B. Adjourned Regular Meeting of September 24, 1996 - Approve as submitted. C. Regular Meeting of October 1, 1996 - Approve as submitted. Requested by: City Clerk 6.2 VOUCHER REGISTER - Approve Voucher Register dated October 15, 1996 in the amount of $605,579.90 Requested by: City Manager 6.3 CLAIM FOR DAMAGES - Filed by Jill McKinsey September 9, 1996. Recommended Action: It is recommended that the City Council reject the request and refer the matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk 6.4 AWARD OF CONTRACT FOR EMERGENCY REPAIR TO SYCAMORE CANYON PARK CHANNEL - At their meeting of September 3, 1996, the City Council authorized advertising for bids for repair of the Sycamore Canyon Park Channel. Bids from seven qualified contractors were opened and publicly read on September 26, 1996. The lowest qualified bidder was Gueno Development Co. The City has received $27,147 from FEMA for the project. The CIP budget had anticipated $20,000 from FEMA, accordingly, the CIP budget needs to OCTOBER 15, 1996 PAGE 3 be amended. Recommended Action: It is recommended that the City Council award the contract for repair work on the Sycamore Canyon Park Channel to Gueno Development Co., the lowest responsible bidder, in the amount of $30,963, plus an additional $1,500 for a contingency amount of 3%. In addition, amend the CIP budget to reflect the actual FEMA reimbursement received. Requested by: City Manager 6.5 AWARD OF CONTRACT FOR THE PLANTING OF PARKWAY TREES IN THE CITY OF DIAMOND BAR - On September 17, 1996, the City Council adopted Resolution No. 96-62 authorizing the City Clerk to advertise for bids for planting of parkway trees. Bids from six qualified contractors were opened and publicly read on October 8, 1996 and ranged from $8,814 to $22,430. Recommended Action: It is recommended that the City Council award a contract for planting of parkway trees to Green Giant Landscape, the lowest responsive bidder, in the amount of $8,814, plus an additional amount not to exceed $1,500 to serve as a contingency, if needed. Requested by: Community Services Director 7. PUBLIC HEARINGS: None B. OLD BUSINESS: 8.1 AWARD OF CONTRACT FOR PROFESSIONAL SOILS AND GEOTECHNICAL ENGINEERING SERVICES - On August 8, 1996, the Department of Public Works requested proposals to provide professional soils and geotechnical services for the City on an as -needed basis for a period of two years, commencing October 21, 1996 with the possibility of three additional annual renewals. On September 6, 1996, the Department of Public Works prepared an addendum to the August 8, 1996 request for proposal clarifying the RFP's intent to apply to contracts of all sizes and the method by which assignments will be made to the consultants. By September 13, the City received sixteen proposals, eight of which were interviewed further by Selection Committee on October 7, 1996. Recommended Action: It is recommended that the City Council award a contract to Converse Consultants West, Engineering & Environmental Geology Assoc., Kleinfelder and Leighton & Associates to provide professional soils and geotechnical engineering services on an as -needed basis, for a period of two years commencing October 21, 1996 with the possibility of three additional annual renewals, subject to the City Attorney's final approval OCTOBER 15, 1996 PAGE 4 of the Consulting Services Agreement. Requested by: Public Works Director 8.2 AWARD OF CONTRACT FOR ON-CALL PROFESSIONAL PLAN CHECKING AND PUBLIC WORKS INSPECTION SERVICES - On August 8, 1996, the Department of Public Works requested proposals to provide professional plan checking and public works inspection services for the City, on an as -needed basis for a period of two years, commencing October 21, 1996 with the possibility of three additional annual renewals. On September 6, 1996, the Department of Public Works prepared an addendum to the August 8, 1996 request for proposal clarifying the RFP's intent to apply to contracts of all sizes and the method by which assignments will be made to the on-call consultants. By September 13, the City received twenty-eight proposals, ten of which were interviewed further by Selection Committee on October 8, 1996. Recommended Action: It is recommended that the City Council award a contract to Bryan A. Stirrat Assoc.; Charles Abbot Assoc.; Dewan, Lundin & Assoc.; GFB- Friedrich & Assoc., Hall & Forman and RKA Civil Engineers to provide professional plan checking and public works inspection services on an as -needed basis, for a period of two years commencing October 21, 1996 with the possibility of three additional annual renewals, subject to the City Attorney's final approval of the Consulting Services Agreement. Requested by: Public Works Director 8.3 AWARD OF CONTRACT FOR PROFESSIONAL TRAFFIC AND TRANSPORTATION ENGINEERING SERVICES - On August 8, 1996, the Department of Public Works requested proposals to provide professional traffic and transportation engineer- ing services for the City, on an as -needed basis for a period of two years, commencing October 21, 1996 with the possibility of three additional annual renewals. On September 6, 1996, the Department of Public Works prepared an addendum to the August 8, 1996 request for proposal clarifying the RFP's intent to apply to contracts of all sizes and the method by which assignments will be made to the pre -qualified consultants. By September 13, the City received twenty- two proposals, eight of which were interviewed further by Selection Committee on October 7, 1996. Recommended Action: It is recommended that the City Council award a contract to Austin -Foust Associates; DKS; Linscott Law & Greenspan; Meyer Mohaddes Assoc.; O'Rourke Engineering and Warren Siecke to provide professional traffic and transportation engineering services on an as - needed basis for a period of two years, commencing OCTOBER 15, 1996 PAGE 5 October 21, 1996 with the possibility of three additional annual renewals, subject to the City Attorney's final approval of the Consulting Services Agreement. Requested by: 9. NEW BUSINESS: Public Works Director 9.1 DISCUSSION OF PROPOSED PROPOSITION 218 - VOTER APPROVAL FOR LOCAL GOVERNMENT TAXES, LIMITATIONS ON FEES, ASSESSMENTS, AND CHARGES - Shall the City Council oppose or support Proposition 218, which would deem voter approval necessary for the imposition and levy of local government taxes, fees, assessments, and charges? Recommended Action: It is recommended that the City Council consider the language in the Legislation and its ramifications on the City, and then determine whether or not to oppose or support the Legislation. Requested by: Mayor 9.2 DISCUSSION OF PROPOSITION 204 - SAFE, CLEAN, RELIABLE WATER SUPPLY ACT - Shall the City Council endorse or oppose Proposition 204, which provides for a bond issue of $995 million to provide a safe, clean, and reliable water supply? Recommended Action: It is recommended that the City Council review specific language of Proposition 204 before making a determination whether to support or oppose the measure. Requested by: City Council 9.3 DISCUSSION RE: PROPOSITION "A" SAFE NEIGHBORHOOD PARKS ACT OF 1996 - Shall the City of Diamond Bar take position on the passage of Proposition A, aka, the Los Angeles County Safe Neighborhood Parks Act of 1996 (Prop A). Recommended Action: It is recommended that the City Council discuss the provisions of Proposition A and determine its position regarding the passage of Proposition A. Requested by: City Manager 9.4 DISCUSSION OF PROPOSED TRIP BY MAYOR ANSARI TO CHINA AS REPRESENTATIVE OF THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG). Recommended Action: It is recommended that the City Council discuss the matter and direct staff as necessary. OCTOBER 15, 1996 PAGE 6 Requested by: Mayor Ansari RECESS TO REDEVELOPMENT AGENCY MEETING Next Resolution No. R-96-09 1. CALL TO ORDER: Chairman Werner 2. ROLL CALL: Agency Members Ansari, Harmony, Herrera, Vice -Chairman Huff, Chairman Werner 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES: A. Regular Meeting of September 17, 1996 - Approve as submitted. B. Adjourned Regular Meeting of September 24, 1996 - Approve as submitted. C. Regular Meeting of October 1, 1996 - Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER: Approve Voucher Register dated October 1, 1996 in the amount of $5,616.94. Requested by: Executive Director 4. OLD BUSINESS: 4.1 PRESENTATION BY ECONOMIC RESEARCH ASSOCIATES (ERA) OF DIAMOND BAR ECONOMIC/MARKETING RESEARCH STUDY - Recommended Action: Receive and File. Requested by: Executive Director 5. NEW BUSINESS: None 6. AGENCY MEMBER COMMENTS: 7. AGENCY SUB -COMMITTEE REPORTS: REDEVELOPMENT AGENCY ADJOURNMENT: RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL COMMENTS: Items raised by individual Council - members are for Council discussion. Direction may be given at OCTOBER 15, 1996 PAGE 7 this meeting or the item may be scheduled for action at a future meeting. 12. ADJOURNMENT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL it TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: 1 P DATE:—� PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. f f� Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: A/L0.- ed-ef e#'1 DATE: /C� - 05` 9 350 5 • Cz rM-4k-cam. -Awe . 0, ADDRESS: I-uS P-"-P—k-S , C.x4 4Ca Sal -0153 PHONE: ORGANIZATION: ujck�t, �s-tyct- AGENDA #/SUBJECT: q a - ctec, iLst� �0. �- vNAw I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK A� Ale ,<5K 1 �9 DATE: /C PHONE: c� /C! Lr I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Sign ure BOV SCOUT TROOP 7-37 Venture Crew Members of the first troop to complete the fifty mile hike along the Silver Moccasins Trail on its Golden Anniversary. Harold Fraser, Scout Master James Lee, Scout Master David Oliver, Scout Master Patrick Elfelt James Fraser Matt Lee Mike Lee Andy Moffitt Chris Moffitt Matt Murray Brian Oliver Matt Reisz Di 1111IND 110AN • �if 1 I f( AND, Y M..OFFITT Boy Scout Troop 737 for being a Venture Crew Member of the first troop to complete the fifty mile hike along the Silver Moccasins Trail on its Golden Anniversary October 15, 1996 Eileen R Ansari Mayor Robert S. Huff Card ,Herrera Mayor Pro Tem Councd,-Member BRUCE FLAMBNBAUM 1 .Attorney at Law 3333 South Brea Canyon Road Suite 121 Diamond Bar California 91765 telephone 909-468-3666 facsimile 909 -468 -36h - FACSIMILE TRANSMISSION COVER SHEET 7uly 15, 1996, Attention: Gary Werner Facsimile number- 909-860-1'1S - From: Bruce Flamctibawn Facsimile number: 909-468-', subject: Boy Scout Troop trip Pages: inc:!uding this page. If traTwnission is not corri ;s,c, call 90y-40,- 3666. Comment, xxxxr, Original will not follow Original will follow by: Regular Mail Certified Mali Express Mail Fedcrai Express Otli, r The information contai ied to ;his facsimile message is attorney privilleged and confidtn'idl information intended only for the use of the individual or entity named above. If the r. vier cif this message is not the recipient. or the employee or agent rc5ponstble to do". • . it to the intended recipient, y,)u are herebv notitied that any dissemination. distribution, copying of this communiratror, is strictly proh!hitcd. If you have rexivr.d Ciis communication in error, please -nmedlatel,, ilwify u5 by telephone.:.turn the this transmittal o us at the abo,, o arir'r; " : i , U.S. Postal y011 ,vs soon as wc, he arc i that (tc_flatt of n tfui t t ation, we ponderer l the Idea of )CIng (ile: second crew in the INVI )n to hr.gin the trek and thm first to finis) his was a challenge wc, had to Ine-'t From that point forth, we were: driven by a t IS.glOn. We heti about trn mllc5; Irft which consisted of a two (hottss)rtci foot elevation gain Irt six Mid a Knee-rturYUng thrn(, - thmisand foot drop In h iur rrjites, J hc trnop which was our now found opposiilt-n comained rn,4riy younger :;cuk tis who were oozing energy, even after dinner that rilghi. it was almost sickr::ning. Here we were, a scctsonc 1 grew who had been tr'ainIng for monihs, and we still lookers foi-wai'd to our sleeping bags cacti night (The Sllwn, N!o(x assns was actually the final training lilke in prepatation for a ten i_JaN sojourn at Philmont. a nationai Scoot rese[vatlon in New Mt,xlco ) Sno-e of us worclered vvho-ther xvc wcrc! over the; ht)) at the rtpe. (-)kj agcy of sixtr-en The next morning, the c,{)c ,s Cat 5:(x) a.m. to start breat fast. af)(J wt; h.it; t m ,Kt -n (-t1rY)p and wee, t rn thc; I,Mii L,y 6:30 -a grew reg-ord. Aftcf rtllillg uui iw,, :ns and .;tar(Ing atong, w(: foun, I the: <)thcr truop not twv ti ��ci,S he -hind us, i'or tiie first mlin w,-(-) they wcrc within r' -3r sh(_,t, t-)ut trc,'n t tttcr� (it', wry didi"t l{. Ok L)�IC K We, we-t'r, ! crew pocssessed. otar stops Nverc Infrequf,nt anti our J.)a(,e titPady `V(I dims our destination ten rrlllr s aµ In five flours (the avt:inge day Vind oCC11 11r_veti to eight). We stomped Into the pat'king lot at Gap with tired legs, solied k�ocfir:ti and siniiing faces, "hare wcre no Lanners, cojiiettl or r7)arching banc6---1)1;1 we were first nonethcic:ss. 1h'c extictly won the World Series (Dr c;v( made, a significant mark on hlstoty, ')tit we had hiked the Silver 11vioc,casins and wvrr. the first troop to comp, ' ; , hike on Its Qolden Annlvcrsary. And unless there, Is son;othtng t -LAj grates are hiding, that will have to be elv )t tgh AMIA 'WI wr .4L. ;la*:3 icSZ:TT 136ET -- Troop 737 Venture Grew at Vlnc:cm Gap T(,)p f iow Left to Right: JIM Lee, Harole-1 Fraser, E3rlan Oliver, PatrIcK t.ftefr, %f -m Re.15Z. James Frosf,r, Mike L.cxe. %� ►r ,, it flow f..Clt to mg),11: C"bri.s Motlid, Mail Lee, Dave 011ver, Mall Nluuay Nol Yicltltrc:l, Andy N/lc)lllll. J I o--IC7 . T - Mcr r /JNA -US Paradena/Foothdls Chapter, Inc. UNITED NATIONS ASSOCIATION OF THE UNITED STATES OF AMERICA 723 East Green St., Pasadena, CA 91101 • 818-449-17 )Fax 818-449-1917' Eileen Ansari Mayor 21660 East Copley Dr. Diamond Bar, CA 91765 Dear Eileen Ansari, a. July 9, 1996 This year, the United Nations is entering its second half century. The peacemaking work of the U.N. is expanding rapidly because the international community recognizes the valuable, indeed indispensable, role the world body can now play. The people of our great nation are the greatest supporters of the goal and principles of the United Nations. If the U.N. is to succeed in its important work, it is important that we build citizen support and enthusiasm for the world body. You and the citizens of Diamond Bar are invited to take an active role in the national observance of United Nations Day on October 24, 1996. The United Nations Association -USA (UNA-USA) is encouraging communities across the country to reflect upon the important peacemaking and peacekeeping roles the United Nations is playing in the post Cold War period. UNA-USA requests that Diamond Bar passes a United Nations Day Proclamation similar to the one enclosed. We also request that you appoint a prominent citizen of your community to the position of United Nations Day Chairperson who will spearhead a community -wide observance of United Nations Day. Please let us know the name of the individual selected so we can forward to your appointee a U.N. Day Kit and put them in contact with our chapters in your state. We hope that you will become actively involved in the 51st Anniversary of the U.N. in October and let us know when you will be making the proclamation and the name and address of the U.N. Day Chair. Thank you for your attention to this matter. Sincerely, Natalie Novom U.N. Day Proclamation Coordinator Working Together for Peace, Freedom and Justue JtiA-Ur� '. ��► UNITED NATIONS ASSOCIATION y: Vv ��/ •.. OF THE UNITED STATES OF AMERICA '�V" 723 East Green St, Pasadena. Cwt 91101 • 818-449-1793 • Fax 818-449-1927 P.usdena/Foothdts Chapter, Inc. U.N. DAY PROCLAMATION WHEREAS the community of nations has discovered the importance and relevance of the international framework of the United Nations system to combat global problems and settle regional conflicts; WHEREAS the United Nations is playing a central role in addressing the crises and challenges which have emerged around the world in the last few years; WHEREAS the United States has an unprecedented opportunity to lead in the world organization for the advancement of democracy, pluralism and human rights world-wide; WHEREAS the U.N. is on its way towards realizing the promise of 1945 with the recent demise of the Cold War; and WHEREAS the United Nations is celebrating its 51st birthday on October 24; NOW, THEREFORE I, [name of mayor], by virtue of the authority vested in me as Mayor of [city], do hereby proclaim October 24, 1996 as: UNITED NATIONS DAY in [city] and urge all of our citizens to rededicate themselves on this day to the peaceful solutions of the world's problems through the United Nations and to take an active part in the events and activities being organized to celebrate the U.N.'s birthday. IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the [city] to be affixed this [date]. Working Together for Peace, Freedom .end Justice "UNITED NATIONS DAY" OCTOBER 24, 1996 WHEREAS, the community of nations has discovered the importance and relevance of the international framework of the United Nations system to combat global problems and settle regional conflicts; and WHEREAS, the United Nations is playing a central role in addressing the crises and challenges which have emerged around the world in the last few years; and WHEREAS, the United States has an unprecedented opportunity to lead in the world organization for the advancement of democracy, pluralism and human rights world-wide; and WHEREAS, the U.N. is on its way towards realizing the promise of 1945 with the recent demise of the Cold War; and WHEREAS, the United Nations is celebrating its 51st birthday on October 24, 1996; and NOW, THEREFORE, the City Council of the City of Diamond Bar hereby proclaims October 24, 1996 as "UNITED NATIONS DAY" and urges all citizens to rededicate themselves on this day to the peaceful solutions of the world's problems through the United Nations and to take an active part in the events and activities being organized to celebrate the U.N.'s birthday. DATED: October 15, 1996 MAKE A DIFFERENCE DAY O � r Z July 17, 1996 min ®� Dear Mayor, DOING GOOD """.)IF As cities face increasingly complex problems, communities are finding new value in volunteers. For this reason Make A Difference Day quickly is becoming an annual tradition across the United States. Last year hundreds of mayors issued proclamations supporting Make A Difference Day. JUDGES RICHARD DREYFUSS The idea is simple: We ask Americans to devote the fourth Saturday of October - Make A Actor, co-founder L A Works Difference Day - to helping others. Nearly one million citizens respond. In one day. homes are ROBERT K. GOODWIN painted. graffiti is removed, flowers are planted. and countless lives are improved. This year's President andMake A Difference Day is October 26th. Volunteer Centers in many communities are now Points of Light Foundation planning projects. This national day of doing good is sponsored by USA WEEKEND magazine NAOMI JUDD and its forty million readers, in partnership with The Points of Light Foundation and a network Singer, American Liver Foundation of five hundred Spokesperson Volunteer Centers. PAUL NEWMAN Founder and President. USA WEEKEND and Newman's Own Inc., will donate $120,000 to honor projects that best Newman's Own, Inc exemplify the spirit of Make A Difference Day. Sixty honorees will be presented with $2,000 CAPT. SCOTT O'GRADY each. Representatives from 10 projects will attend an awards luncheon in Washington, D.C., U,S Air Force Reserves next April during the 24th annual National Volunteer Week, coordinated each year by The Points Heroic F-16 Pilot & Author of Light Foundation. CRISTINA SARALEGUI Talk Show Host We need your support and example. We are asking you to sign a proclamation declaring this MARCIA BULLARD October 26th "Make A Difference Day" in your city. We are also asking you, your family and Editor, USA WEEKEND your staff to become involved in a Make A Difference Day project. Your participation in Make A Difference Day will inspire many others and will offer you a great opportunity for positive publicity. EMERITUS JUDGES MAYA ANGELOU Enclosed please find a brochure about Make A Difference Day, a sample proclamation and a list HENRY CISNERCS offering ideas for how you can become effectively involved in Make A Difference Day in your MICHAEL EISNER community. Please contact The Points of Light Foundation if you would like to know which CHARLAYNE HUNTER-GAULT newspaper in your area carries USA WEEKEND magazine and/or find out about Volunteer Centers KATHIE LEE GIFFORD and projects in your area. WHOOPI GOLDBERG LOU GOSSETT JR Barbara Lohman at The Points of Light Foundation at (202) 223-9186 ext. 139 is available to EDWARD JAMES OLMOS answer questions from you and your staff. ALVIN POUSSAINT Thank you for your consideration. ANDREW SHUE RANDY TRAVIS KRISTI YAMAGUCHI Sinccreh'. Marcia Bullard Robert K. Goodwin Editor President and Chief Executive Officer USA WEEKEND The Points of Light Foundation enclosures USA WEEKEND 1000 Wilson Boulevard Arlington, VA 22229 (703) 276-6445 FAX (703) 276-5518 POINTS OF LIGHT FOUNDATION 1737 H Street N W Wa ;hmgton D C 20006 (202) 223-9186 FAX (202) 223-9256 MAKE A DIFFERWCE DAY Z30 � W r � V v � � v z ®s DOING GOOD j}N\TS ", b(.Hl SAMPLE PROCLAMATION WHEREAS, the foundation of a humane and lust society is the people's willingness to work together for the common good: and WHEREAS, our country's volunteer force of 89.2 million people is a great treasure: and WHEREAS, self-sacrificing individuals mobilized to help others can stem the tide of poverty, hunger. home- lessness, spouse and child abuse, and other problems that afflict society; and WHEREAS, the giving of oneself in service to another empowers the giver and the recipient; and WHEREAS, it is the duty of all our citizens to search out opportunities to make a difference in the lives of those around them and dedicate time and resources to the betterment of their community; and WHEREAS, USA WEEKEND is working in partnership with The Points of Light Foundation to promote a national day of doing good and the Volunteer Center of [CITY] is working to [state the objective of one of your major projects]; NOW, THEREFORE, 1, [NAME/TITLE] do hereby proclaim October 26,1996 as Make A Difference Day in [CITY/STATE), and urge my fellow citizens to observe this day by joining with friends, fellow employees and rel- atives, with religious, school, and civic groups to engage in projects benefiting their community. Signed this [DATE] day of [MONTH], 1996 MAKE A DIFFERENCE DAY HOT LINE: 1-800-416-3624 In Washington, D.C. call 202-223-9186, ext. 183 MAKE A DIFFERENCE DAY Z W � W Z30 4 r . V v � v Z n ®e DOING GOOD �� PtN\7S! 1f LK.HI Make A Difference Day ideas for Mayors and Governors: IF YOU DECIDE TO PROCLAIM OCTOBER 26th "MAKE A DIFFERENCE DAY" ...... ...You might hold a press conference and sign the proclamation in a neighborhood where Make A Difference Day projects have been planned. This could help publicize and kick-off efforts for October 26th and demon- strate your commitment to community service. ...You might contact a Volunteer Center near you and offer to be involved in the projects they are planning. They may want you to give a speech at the kick-off of one of their major events, or they may simply ask you to work side by side with other volunteers, serving food, landscaping parks, painting schools, etc. Your involvement would present excellent opportunities for media recognition of volunteer efforts. Call your local Volunteer Center at [insert your contact information]. ...You might take your family and friends to a soup kitchen or shelter on Make A Difference Day to do com- munity service. showing that you are willing to physically and personally tackle problems in your community. ...You might assign a community -wide coordinator to organize grassroots action in cooperation with your local Volunteer Center. ...You might identify a special problem challenging your community — homelessness, flood damage, or child care — and urge your citizens to tackle that problem on Make A Difference Day. ...You might use Make A Difference Day activities as a way to initiate action on a major community concern or issue. ...You might tell the local paper that cames USA WEEKEND and is a local co-sponsor of Make A Difference Day that you back this day of community service and let them know that you will participate in projects on October 26th. MAKE A DIFFERENCE DAY NOT LINE: 1-800-416-3824 ) In Washington, D.C. call 202-223-9186, ext. 183 ' THE 21% X POPULATION INSTITUTE 107 Second Street, N.E. Wash.ngton, DC 20002 (202) 544-3300 Fax (202) 544-0068 OFFICERS AND DIRECTORS PRESIDENT Werner Fornos Bettye Ward, Chair Rodney Shaw, Honorary Chair Sarah G. Epstein , Vice Chair Joyce W. Cramer, Treasurer Stephen Keese, Secretary George Allen, Esq., Member At Large H.E. Anwarul Karim Chowdhury Betty Cogswell, Ph D. Donald Collins Van Crawford S Connally Davies Lulu Davies James Fri Robert Gillespie Hon. Bruce Halliday Marilyn Scaff Hempel Suzanne Kellerman H. E. John Karefa-Smart, M D. Vidor Morgan Wnford Lindsay Nathan Srhafer Mary -cane Snyder Linda Williams, Ph.D. Donald C Wilson PUBLIC POLICY ADVISORY COMMITTEE Russell Hemenway, Chair Hon Chet Atkins Hon. Barbara Boxer Dorothy Cullman Kimball Faulkner Hon. Edward F Feighan Hon. Elizabeth Furse Hon. Sam Geldenson Hon. William H Gray III Hon. Bill Green Hon Luis Gutierrez Miriam H Keare Hon. Henry L. Kimelman Hon. Jim Leach Hon Ronald Machtley Hon. Jim Moody Stewart R Mott Anjum Niaz Hon John E. Porter Dr Glen T Seaborg Hon Paul Simon Russell E Train Ted Turner Dr lames D Watson The Honorable Mene Ansarl 21660 E Copley Dr., Suite 100 Diamond Bar, CA 91765 Dear Mayor Ansarl: 1 Aug. 5, 1996 by l c 4L ,N t On behalf of the 35,000 community leaders of the Population Institute, I write to encourage you to pvcbsiim the week of October 27 through November 4 19916 as World Populetion Awareness Week in your municipality. Last year World Population Week (WPAW) was recognized by 37 states and 160 national and international organizations; 3,000 events were held worldwide. Inspired by the United Nations' Habitat Conference in June of this year, the theme for the 1997 WPAW is Human Settlements. The following issues will be addressed as they relate to the subject of human settlements: * the provision of adequate shelters, water and sanitation, * balancing economic growth and sustainable development, * effective urban and rural development, partnerships between local governments and the private sector enterprises, community based organizations and non-governmental organizations, * universal access to family planning and reproductive health. By fostering awareness about these issues, we hope that more effective efforts will be made in improving human living conditions, social development and stabilizing population growth. The developing world is plagued by alarmingly high rates of maternal and infant mortality, environmental degradation, rapid urbanization, malnutrition, inadequate shelter, lack of drinking water and unemployment. Without a concerted recognition of current population growth rates, the world's population will be subject to unprecedented economic and social hardship, hunger, and political strife. These problems, however, are not limited to the poorer countries of the world. Environmental and economic problems caused by overpopulation will increasingly affect all nations of the world, including the United States. An educated citizenry is necessary to curb these trends. By supporting a week of education and consciousness- raising, your proclamation would reinforce the importance of these issues. Enclosed you will find a draft proclamation and information about the Population Institute. "- Printlbon wycW paper. E-mail Popline®Primanet corn \Vebsne httpJ/www populanonmsntute org Thank you for your cooperation and concern regarding this issue. If you have further questions, please contact one of our public policy coordinators, Hope Royston or Charlotte Colvin at (202) 544-3300. Sincerely, Werner Fornos, President 1996 WORLD POPULATION AWARENESS WEER PROCLAM&TION WHEREAS, more than half of the world's population will live in urban agglomerations by the turn of the century; and WHEREAS, within the first quarter of the 21st Century urban population alone will grow by 93 million per year, the equivalent of all annual population growth in the world today; and WHEREAS, the unprecedented burgeoning of cities provides opportunities, but also portends enormous risks that could intensify poverty, pollution, disease, social disintegration, violence and human misery; and WHEREAS, urban poverty is already as high as 60 percent in some metropolitan areas; more than one-third of the urban population have substandard housing; 40 percent lack access to safe drinking water or adequate sanitation; and WHEREAS, in all regions of the world --- north and south, rich and poor --- rapid urbanization has spawned a number of common problems, including unemployment; a shortage of adequate housing; traffic congestion; declining infrastructure, and lack of funds to provide for basic services; and WHEREAS, urban crises stemming from high population density and activity is expected to be among the major challenges of the 21st century; and NON, THEREFORE, I Mayor of the City of proclaim October 27 - November 2, 1996 World Population Awareness Week and urge all citizens of this City to reflect on the consequences of rapid population growth and rapid urbanization and the vital necessity of balancing human numbers, environment and resources to improve the quality of life for the world and its people. THE POPULATION INSTITUTE 107, Second Street 1VE, Washington, DC 20002 OUR PURPOSE The Population Institute is the world's largest independent, non-profit, educational organization dedicated exclusively to achieving a more equitable balance between the world's population, environment and resources. Established in 1969, the Institute, with members in 160 countries, is headquartered on Capitol Hill in Washington, DC. PROGRAMS The Population Institute uses a variety of resources and programs to bring its concerns about the consequences of overpopulation to the forefront of the national agenda They include: * Community Leaden Network: The Institute actively recruits volunteers from all walks of life to speak out on population issues at local and national levels. These volunteers, whose numbers today exceed 100,000 comprise the only network of its kind in the international population field. A strong international network of leaders in 160 countries recruited for this same interest augments the U.S. leadership group. * Public Policy: Shoring up congressional support for passage of legislation for an increase in international population assistance and program effectiveness. Internationally, we work with the United Nations and foreign governments. * World Population Awareness Week: Organized by the Population Institute and supported by U.S. Congressional resolutions, presidential and gubernatorial proclamations, World Population Awareness Week is commemorated in the last week of October, with more than 3,000 population related events held around the world. * Future Leaders of the World: This program provides young people with the opportunity to work as staff assistants at the Institute for six-month tenures, preparing them for professional life while instilling in them a commitment to this critical issue. * Media Relations: The Institute works with print and broadcast journalists world-wide to create public awareness about global population issues. Timely, factual data is provided to more than 5,000 editors and reporters worldwide. To recognize excellence in population reporting, the Institute presents its Global Media Awards annually. * Popline: The Institute publishes POPLINE, a bi-monthly newspaper with timely information on population issues. POPLINE is the world's largest newspaper dealing exclusively with global population concerns and is distributed to members of Congress, population activists, 2100 daily newspapers around the world, and correspondents in 160 countries. Available at $25/year. Phone 202/544-3300, Fax 202/544-0068, or e-mail: Popline4Primanet.Com for more information. Web Site: http://www.,populationinadtut4Lorg Pay, Aftentleon to the Numbers: • Today the earth supports close to 5.6 billion people.1 ,,... •'°h 500 m'!lion women in the developing world want ► i6 to limit their family size, but lack the knowledge, • This number increases by nearly 100 million each year. • Within (lie next generation, 3 billion people will reach their reproductive years, a number equal to the entire wort„ population in 1960. • About 95`y, of world population growth ;. iJA occurs in developing nations already faced �.b•�' ��. with tremendous struggles to care for their people. Iy WiLOO1411 access or means to obtain family planning services. • The right of all women to determine the number of children they have is threatened by those who oppose modern methods of family planning. • Volantary family planning is crucial in. decreasing the demand for abortions. Help us to answer the urgent pleas for voluntary family planning, education and service programs. Contribute to the stability of our world's futuLe. SupportPopulation Institute The Population InstituteICAGot 107 Second St., N.C. ennjerl Washington, DC 20002 (202) 544-3300 #0244 combinedfedera co a Please Designate mpoug . Share The American Way THE POPULATION INSTITUTE t 1 Aug. 5, 1996 107 Second Street, N.E. Washington, DC 20002 (202) 544-3300 Fax (202) 544-0068 ❑ The Honorable Elene Ansarl OFFICERS AND DIRECTORS 21660 E Copley Dr., Suite 100 PRESIDENT Diamond Bar, CA 91765 Werner Fornos Bettye Ward, Chair Dear Mayor Ansarl: Rodney Shaw, Honorary Chair Sarah G. Epstein , Vice Chair JnyceW. Cramer, Treasurer On behalf of the 35,000 community leaders of the Population Stephen Keese, Secretary George Allen, Esq., Men,berAtLarge Institute, I write to encourage you to proclaim the week of October 27 H E. Anwarul Karim Chowdhury Betty Cogswell, Ph.D through November 2, 1996 as World Population Awareness Week in your Donald Collins Van Crawford municipality. Last year World Population Week (WPAW) was recognized S Connally Davies by 37 states and 160 national and international organizations; 3,000 events Lulu Davies James Fn were held worldwide. Inspired by the United Nations' Habitat Conference Robert Gillespie Hon. Bruce Halliday in June of this year, the theme for the 1997 WPAW is Human Settlements. Marilyn Scaff Hempel Suzanne Kellerman The following issues will be addressed as they relate to the subject of H E John Karefa-Smart, M D human settlements: Vidor Morgan Winford Lindsay Nathan Schafer Mary -bane Snyder * the provision of adequate shelters, water and sanitation, Linda Williams, Ph D Donald C Wilson * balancing economic growth and sustainable development, * effective urban and rural development, partnerships between local governments and the private sector enterprises, community based ❑ organizations and non-governmental organizations, PUBLIC POLICY ADVISORY COMMITTEE * universal access to family planning and reproductive health. Russell Hemenway, Chair Hon Chet Atkins Hon. Barbara Boxer By fostering awareness about these issues, we hope that more Dorothy Cullman effective efforts will be made in improving human living conditions, social Kimball Faulkner Han. Edward F. Feighan development and stabilizing population growth. Hon Elizabeth Furse Hon Sam Geldenson Hon, William H Gray III Hon Bill Green The developing world is plagued by alarmingly high rates of Hon. Luis Gutierrez maternal and infant mortality, environmental degradation, rapid Miriam Miriam H. Kea re Hon Henry L. Kimelman urbanization, malnutrition, inadequate shelter, lack of drinking water and Hon Jim Leach Hon Ronald Machtley, unemployment. Without a concerted recognition of current population Hon pm Moody Stewart R Mott grpopulation � P owth rates, the world's will be subject to unprecedented An,um Naz economic and social hardship, hunger, and political strife. These Hon John E. Porter Dr Glen T Seaborg problems, however, are not limited to the poorer countries of the world. Hon Paul Simon Russell F. Train Environmental and economic problems caused by overpopulation will Ted tamer Dr. D Watson increasingly affect all nations of the world, including the United States. James An educated citizenry is necessary to curb these trends. By supporting a week of education and consciousness- raising, your proclamation would reinforce the importance of these issues. Enclosed you will find a draft proclamation and information about the Population Institute. �, printed on recycled paper. E-mail PoplineCPrimanet com Website httpJ,iwww, populatiomnstitute org Thank you for your cooperation and concern regarding this issue. If you have further questions, please contact one of our public policy coordinators, Hope Royston or Charlotte Colvin at (202) 544-3300. Sincerely, Werner Fornos, President 1996 WORLD POPULATION AWARENESS WEER PROCLAMATION WHEREAS, more than half of the world's population will live in urban agglomerations by the turn of the century; and WHEREAS, within the first quarter of the 21st Century urban population alone will grow by 93 million per year, the equivalent of all annual population growth in the world today; and WHEREAS, the unprecedented burgeoning of cities provides opportunities, but also portends enormous risks that could intensify poverty, pollution, disease, social disintegration, violence and human misery; and WHEREAS, urban poverty is already as high as 60 percent in some metropolitan areas; more than one-third of the urban population have substandard housing; 40 percent lack access to safe drinking water or adequate sanitation; and WHEREAS, in all regions of the world --- north and south, rich and poor --- rapid urbanization has spawned a number of common problems, including unemployment; a shortage of adequate housing; traffic congestion; declining infrastructure, and lack of funds to provide for basic services; and WHEREAS, urban crises stemming from high population density and activity is expected to be among the major challenges of the 21st century; and NOW, THEREFORE, I , Mayor of the City of proclaim October 27 - November 2, 1996 World Population Awareness Week and urge all citizens of this City to reflect on the consequences of rapid population growth and rapid urbanization and the vital necessity of balancing human numbers, environment and resources to improve the quality of life for the world and its people. Pay Attention to the Numbers. • Today the earth supports close to 5.6 bihion people. :VO' Avat 500 miNion women in the developing world want `& to limit their family size, but lack the knowledge, • This number increases by nearly 100 million each year. • Within the next generation, 3 billion people will reach their reproductive years, a number equal to the entire worL� population in 1960. • About 95% of world population growth At occurs in developing nations already facets IV4•d H �� �• with tremendous struggles to care for their people. �r� yri� ��� * IMI[ �@ Nal�b • access, or means to obtain family planning services. • The right of all women to determine the number of children they have is threatened by those who oppose modern methods of family planning. • Volantary family planning is crucial in decrei.sing the demand for abortions. Help us to answer the urgent pleas for voluntary family planning, education and service programs. Con�'ribute to the stability of our world's f utu ?e. PopulationSupport the Tlie Population Institute ICAcoklf't�107 Second S[., N.C. ftw� Washin ton, DC 20002 (202) 544-3300 Please Designole #0244 Combined federal Campaign. Share The American Way THE POPULATION INSTITUTE 107, Second Street NE, Washington, DC 20002 OUR PURPOSE The Population Institute is the world's largest independent, non-profit, educational organization dedicated exclusively to achieving a more equitable balance between the world's population, environment and resources. Established in 1969, the Institute, with members in 160 countries, is headquartered on Capitol Hill in Washington, DC. PROGRAMS The Population Institute uses a variety of resources and programs to bring its concerns about the consequences of overpopulation to the forefront of the national agenda They include: * Community Leaders Network: The Institute actively recruits volunteers from all walks of life to speak out on population issues at local and national levels. These volunteers, whose numbers today exceed 100,000 comprise the only network of its kind in the international population field. A strong international network of leaders in 160 countries recruited for this same interest augments the U.S. leadership group. * Public Policy: Shoring up congressional support for passage of legislation for an increase in international population assistance and program effectiveness. Internationally, we work with the United Nations and foreign governments. * World Population Awareness Week: Organized by the Population Institute and supported by U.S. Congressional resolutions, presidential and gubernatorial proclamations, World Population Awareness Week is commemorated in the last week of October, with more than 3,000 population related events held around the world. * Future Leaders of the World: This program provides young people with the opportunity to work as staff assistants at the Institute for six-month tenures, preparing them for professional life while instilling in them a commitment to this critical issue. * Media Relations: The Institute works with print and broadcast journalists world-wide to create public awareness about global population issues. Timely, factual data is provided to more than 5,000 editors and reporters worldwide. To recognize excellence in population reporting, the Institute presents its Global Media Awards annually. * Popline: The Institute publishes POPLINE, a bi-monthly newspaper with timely information on population issues. POPLINE is the world's largest newspaper dealing exclusively with global population concerns and is distributed to members of Congress, population activists, 2100 daily newspapers around the world, and correspondents in 160 countries. Available at $25/year. Phone 202/544-3300, Fax 202!544-0068, or e-mail: Popline®Primanet.Com for more information. Web Site: http:l /www.populationiwtitute.org "WORLD POPULATION AWARENESS WEEK" 1996 WHEREAS, more than half of the world's population will live in urban agglomerations by the turn of the century; and WHEREAS, within the first quarter of the 21st Century urban population alone will grow by 93 million per year, the equivalent of all annual population growth in the world today; and WHEREAS, the unprecedented burgeoning of cities provides opportunities, but also portends enormous risks that could intensify poverty, pollution, disease, social disintegration, violence and human misery; and WHEREAS, urban poverty is already as high as 60 percent in some metropolitan areas; more than one-third of the urban population have substandard housing; 40 percent lack access to safe drinking water or adequate sanitation; and WHEREAS, in all regions of the world --- north and south, rich and poor --- rapid urbanization has spawned a number of common problems, including unemployment; a shortage of adequate housing; traffic congestion; declining infrastructure, and lack of funds to provide for basic services; and WHEREAS, urban crises stemming from high population density and activity is expected to be among the major challenges of the 21st century; and NOW, THEREFORE, the City Council of the City of Diamond Bar hereby proclaims October 27 thru November 2, 1996 as "WORLD POPULATION AWARENESS WEEK" and urges all citizens to reflect on the consequences of rapid population growth and rapid urbanization and the vital necessity of balancing human numbers, SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS Rideshare Office 611 West Sixth Street 37th Floor Los Angeles, California 90017-3127 t (213) 236-18ol f (213) 236-1803 Main Office 818 West Seventh Street lith Floor Los Angeles, California 90017-3435 t (213) 236-18o0 t (213) 236-1825 www.scag.ca.gov offseers: • President_ Mayor Pro Tem Dick Kelly. Palm Desert • First Vice President. Supervisor Yonne B-11—it, Burke, Los Angeles Ccuuty - Second Vice President. Mayor Bol, Barden, City of Mon • Immediate Past President Supervisor Bob 3.1111, Ri 1-1 County of Imperial: Sam Sharp, ]-nperol county • David Dhdlon, EI Centro County of Los Angeles: yv ui., Brathwai[e Burke, Ins Angeles County • Richard Alarcon, Los Augeles • Bichazd Aiuoro, Los Angeles • Eileen Ansar;, Diamond Bar • Bob Barden, Monrovia • George Bass, Bell • Hal Bernson, Los Mgeles • Sue Bauer, Glendora • Marvin Braude, Los Angeles • Robert Bruescll, Rosemead • Iaura Chrck, Los Angeles - John Crawley Ce-ritos • Joe Dawidziak, Redondo Beach • Doug Drummond, Long Beach • John Ferraro, Los Angeles • Mchael Feuer Los Angeles Katyn Foley, Calabasas • Ruth Galant , , I. - A gel,, • ELI"" Givens, Glendale • Jaekie Goldberg, los Angeles • Garland Hardeman, Inglewood • Mike Hernandez, los Angeles • Nate Holden, Los Angeles • .Abbe Land, Wen Hollywood • Barham Messina, Alhambra • David Myers, Palmdale - George Nakano, Tmrrance •Jenny Ontpez1 Long Beach - Beatrice Proo, Pim Rivera • Mark: Ridley- Thomas, Los Angeles • Richard Riordan, 1— Angeles •Albert Rohles, Scuth Gate - Marcine Shaw, Compton • Ray Smith, BeIlFlower • Rudy Svorirnch, Los Angeles • Joel Wachs, Los Angeles Rita Wafers, Los Angeles • ]udy Wright, Claremon_ • Paul Zee, South P-1— Country of orange. MarianRergewn, Change County • Ror. Bates, Los Marin- • A" 3ntw n, Buena Park • Jan D'Ien, Newport Beach • Richard Oxon, Lake Forevr Sa,dra Genis, Costa Mesa Candace Haggard, San Clememe • Be, Perry, Brea County of Riverside: Sob B -on, Riverside Courcy • Die—, Draeger,— Dick Kell¢ Palm Desert • Ron Loveridge, Riverside • Ron Robes, Temecula County of San Bernardino: Larry walker, San Bernardino Cy • Jim Bagl,i'Tweutymric Palms D,nd-B-11, Colr. o David &hien an, F,uu— • Toul Minor, San Bernardino • Gwenn N,iom Perry Chino Hill, • Ruben Nolan, Upland Conmy of venture.: Judy Mikels, Ventura County - Andrew Fox, Thousand Oaks • S., Dail}: Can-ollo • John Melton, Sana Paula I$ "n"i a Re ...... I Palx r i se Southern California Rideshare r :-9 July 31, 1996 j L C` ` t Mr. Terrence Belanger City Manager City Of Diamond Bar i a...... 21660 E Copley Drive Suite #100 � 4a Diamond Bar, CA 917654177 Dear Mr. Belanger: On October 7-11, 1996, commuters throughout California will be leaving their cars at home and instead carpooling, taking the bus or even walking to work as part of the eleventh annual California Rideshare Week. This is the largest event in the nation that promotes alternatives to driving alone—and it's a valuable opportunity for cities to show their commitment to reducing traffic and smog. While the campaign lasts for just five days, California Rideshare Week is actually the culmination of months of marketing activities aimed at motivating commuters to try ridesharing. You can play a leadership role in this exciting campaign in several ways. To start, we urge you to issue a proclamation declaring October 7-11, 1996 "California Rideshare Week" in your jurisdiction. Attached is a sample proclamation, along with a questionnaire that allows SCAG to notify your local media that your city has declared its support for Rideshare Week activities. A representative from SCAG's rideshare department will be happy to talk with you about other ways that you can "pool" resources to support ridesharing efforts. These may include distributing Rideshare Week promotional literature to residents and employees; posting an announcement on your city's bulletin board or public access channel; hosting events; promoting the campaign through your city newsletter; or offering free or discounted rides on local buses or shuttles. Please call Al Rangel at (805) 273-2425 for details. Just as ridesharing is about teamwork, so is this year's California Rideshare Week. We look forward to working with you to help commuters "get it together" to ease the commute and maintain a high quality of life in Southem California. Sincerely, "k 1�� Dick Kelly President, Southern California Association of Governments Mayor, City of Palm Desert Enclosure CALIFORNIA RIDESHARE WEEK PROCLAMATION INFORMATION FORM Thank you for supporting California Rideshare Week, October 7-11,1996, in your jurisdiction. Please complete the following form and fax it at least two week's prior to your city council meeting to (213) 236-1803, attn: Media Relations. Name: Title: City: Address: Zip Code: Phone: ( ) Fax: ( Date of City Council meeting at which proclamation will be adopted-/-/ Time of meeting Would you like a SCAG rideshare department representative to accept the proclamation at your meeting? [ ] yes [ j no We would like to notify your local newspaper(s), cable television station, and other appropriate media of your support of California Rideshare Week. Please list the names of local media that would be appropriate: • Cable Station: Phone ( ) • Local newspapers (phone and address not necessary; include a contact name if you have a preference): 1. 3. S. 2. 4. 6. • City radio stations or city -sponsored programs on local radio (please provide call letters, city, and name of program, if applicable) 1. 2. Is your Mayor willing to issue a statement/quote in support of California Rideshare Week? [ j yes [ ] no If yes, whom shall we contact regarding the wording of that quote? Name: Phone ( ) For more information, call Al Rangel at SCAG rideshare department at 805/273-2425. J MIPIVTGV Or TrIG �.IITT �/DVI'�/r REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 17, 1996 CLOSED SESSION: 5:30 p.m. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (G.C. Section 54956.9) - PROPOSED SALE OF SURPLUS PROPERTY. ACA/Susskind reported that no final agreement was approved, although direction was given to staff. Closed Session was adjourned at 6:20 p.m. 2. CALL TO ORDER: Mayor Ansari called the meeting to order at 6:40 p.m., in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Roger Meyer. ROLL CALL: Council Members Harmony, Herrera, Werner, Mayor Pro Tem Huff, Mayor Ansari. Also present were: Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Amanda Susskind, Assistant City Attorney; James DeStefano, Community Development Director; George Wentz, Director of Public Works; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaimed September 17 - 23, 1996 as "Constitution Week." Received by Marilyn Ruzicka. 3.2 Presented City Tile to Senator Mountjoy honoring him for his assistance in defeating the City of Industry proposal for location of a Materials Recovery Facility near D.B. 3.3 Proclaimed September 30 - October 6, 1996 as "Equal Parents' Week". Received by Patty Dearoff and Chase Gordon. 3.4 Presentations to Phyllis E. Papen, former City Council Member: Special D.B. City Plaque, Plaque presented by Senator Mountjoy, Certificate presented on behalf of Congressman Kim and Certificate on behalf of Assemblyman Gary Miller. 3.5 Presented City Tile to Sheila Cornell, 1996 member of Gold Medal Olympic Women's Softball Team, Certificate from Congressman Kim, and Certificate of Recognition from Senator Mountjoy. RECESS: Mayor Ansari recessed the meeting at 7:09 p.m. for a reception. RECONVENE: Mayor Ansari reconvened the meeting at 7:44 p.m. 4. PUBLIC COMMENTS: Cindy Grissolm, Walnut Elementary fourth grade teacher, thanked Council for providing funds for her attendance at the Local Government 1996 Teacher Institute. SEPTEMBER 17, 1996 PAGE 2 Martha Bruske protested the presentations to Phyllis Papen. Roger Meyer asked about the "no left-hand turn" sign previously posted on Fountain Springs Rd. at the Country Hills Towne Center ingress/egress. M/Ansari responded to Mr. Meyer that a Town Hall meeting will be held to discuss the Neighborhood Traffic Study. Bill Key, D.B. Grille, complained about the City's processing fees for his business improvement. He suggested the City work with commercial businesses to build a strong consumer base. C/Harmony requested a staff report on the D.B. Grille project. Al Rumpilla reported on the Traffic & Transportation Commission's September 12, 1996 decision regarding "Overnight Parking of Recreational/Commercial Vehicles on D.B. City streets". Art O'Daly, 24075 Falcons View Dr., requested that Council provide signage directing the public to the new Chamber of Commerce facility. M/Ansari asked Mr. O'Daly to contact staff regarding his request. Tom Ortiz requested that the MIA/POW flag be flown daily at City Hall. He reiterated his safety concerns for school children and suggested that he could provide community education classes. M/Ansari responded to Mr. Ortiz that his questions regarding the Voucher Register would be addressed during the Consent Calendar. She asked Mr. Ortiz to discuss his proposed education class with the City Manager. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - September 23, 1996 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5:2 PARKS & RECREATION COMMISSION - September 26, 1996 - 7:00 p.m. AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING - October 1, 1996 - 6:30 p.m. AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Wemermoved, MPT/Huff seconded, to approve Consent Calendar with the exception of items 6.1, 6.4, 6.7 and 6.8. With the following Roll Call vote, motion carried: SEPTEMBER 17, 1996 PAGE 3 AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Harmony abstained from voting on approval of the Rutan & Tucker invoice on the Warrant Register. 6.2 APPROVED VOUCHER REGISTER dated September 17, 1996 in the amount of $242,426. 6.3 ADOPTED RESOLUTION NO. 96-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE PURCHASE AND INSTALLATION OF PARKWAY TREES IN THE CITY OF DIAMOND BAR AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.5 RECEIVED & FILED 1996 CONFLICT OF INTEREST BIENNIAL NOTICE. 6.6 APPROVED AMENDMENT FOR FISCAL YEAR 1995-1996 PURCHASE ORDER CARRYOVER BUDGET ADJUSTMENT - Account No. 001-4210- 4250 in the amount of $101,000 for professional services for the Development Code. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: A. Regular Meeting of August 20, 1996 - Continued to October 1, 1996. B. Regular Meeting of September 3, 1996 - Continued to October 1, 1996. 6.4 AWARDED CONTRACT TO PURKISS-ROSE/RSI FOR COMPLETION OF A CITY-WIDE COMPREHENSIVE PARKS MASTER PLAN - Following discussion of staffs methods for choosing the consultant, MPT/Huff moved, M/Ansari seconded, to award a contract for completion of the City -Wide Comprehensive Parks Master Plan to Purkiss-Rose/RSI in an amount not to exceed $106,000. Further, Council approved the transfer of $56,000 from the City's General Fund reserves to fully fund this project during the 1996- 1997 fiscal year. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, MPT/Huff, ANAnsari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None SEPTEMBER 17, 1996 PAGE 4 6.7 ADOPTED RESOLUTION NO. 96-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, SUPPORTING AND VALUING DIVERSITY AMONG ITS RESIDENTS AND EXPRESSING ZERO TOLERANCE FOR ANY ACT WHICH SUBJECTS ANY GROUP OR INDIVIDUAL TO HARASSMENT OR ATTACK - M/Ansari moved, C/Werner seconded, to adopt Resolution No. 96-63. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.8 ADOPTED RESOLUTION NO. 96-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR INSTALLING "NO STOPPING ANYTIME" SIGNS AND RED CURBING ALONG THE EASTERLY SIDE OF BREA CANYON ROAD FROM THE NORTHERLY PROPERTY LINE OF AM/PM TO WASHINGTON STREET AND RETAINING THE "NO STOPPING, 10:00 TO 6:00 A.M." SIGNS ON LYCOMING STREET BETWEEN BREA CANYON ROAD AND SILVER FIR ROAD - Colleen Garcia, Winwood Condominiums, supported the proposal for red curbing due to noise problems, diesel fumes, safety concerns and trucks parked in the center street divider. She recommended red curbing on both sides of Brea Canyon Rd. She presented a petition with signatures of business owners in favor of red curbing on the west side of Brea Canyon Rd. Paul Heinz, Winwood Condominiums, stated that trucks park in the area all through the night with their engines running which results in diesel fumes and excess noise levels permeating the neighborhood. The truckers are not responsive to resident's requests to have the engines shut down. Dr. Rhodes suggested that "Tow Away" signs be included with the "No Parking" signs. Ignacio Covarrubias, 805 Winwood Dr., presented photographs of trucks parked on Brea Canyon Rd. showing the truck exhaust fumes flowing toward the condominium complex. He told the Council about fires caused by the truck exhausts. He pointed out that the AM/PM Mini -Mart has 26 parking spaces. He favored red curbing and "No Stopping Anytime" and "Tow Away" signs. Grace French, Steve Elliott, Roger Meyer, Mr. Nguyen, Dorothea Eatherly, and Mrs. Heinz all supported adoption of the proposed Resolution. Martha Bruske asked for city-wide traffic enforcement. SEPTEMBER 17, 1996 PAGE 5 C/Werner stated that the City of Industry posts "No Stopping Any Time" signs which apparently keeps trucks from parking on its major thoroughfares. Ms. Garcia indicated that although the Sheriffs Department responds to vehicle parking violations, truckers continue to disregard the signs. These types of violations are not priority calls for the Sheriffs Department. C/Werner stressed the need for enforcement of the red curbing. He suggested that the motion include direction to staff to have the Traffic & Transportation Commission evaluate red curbing for the west side of Brea Canyon Rd. and for other City arterials that are likely to accommodate truck parking. In addition, he recommended that staff pursue alternative means of parking enforcement. M/Ansari suggested the responsibilities of the City's Volunteer Community Patrol could be expanded to include parking enforcement city-wide. CM/Belanger read a letter from Janet Spatz, General Manager, Jones Intercable, indicating that red curbing on the west side of Brea Canyon Rd. would create a problem for loading and unloading and temporary parking of company vehicles. She asked the Council to consider including "30 Minute Loading Zone" signs or that any imposed parking restrictions exclude vehicles of two or less axles on both sides of Brea Canyon Rd. MPT/Huff thanked the residents for their input. He concurred with the need for enforcement. C/Harmony concurred with the recommendation to direct the Traffic & Transportation Commission to study the feasibility of red curbing for the west side of Brea Canyon Rd. He suggested that the City Engineer be directed to erect "Tow Away" signs in the red curbed area. NVAnsari moved, C/Harmony seconded, to adopt Resolution No. 96-64 and directing the City Engineer to install "Tow Away" designators with the "No Stopping Anytime" signs and red curbing along the easterly side of Brea Canyon Rd. from the northerly property line of AM/PM Mini -Mart to Washington St.; retain the "No Stopping" signs from 10:00 p.m. to 6:00 a.m. and include 'Tow Away" designators on Lycoming St. between Brea Canyon Rd. and Silver Fir Rd., and directing the Traffic & Transportation Commission to consider red curbing the west side of Brea Canyon Road. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None SEPTEMBER 17, 1996 PAGE 6 Council directed staff to agendize a discussion of "Alternative Parking Enforcement" issues. 7. PUBLIC HEARINGS: 7.1 PUBLIC HEARING REGARDING RESOLUTION NO. 96-65: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUSTAINING THE PLANNING COMMISSION'S DENIAL OF VARIANCE NO. 96-1, A REQUEST TO INSTALL A SECOND WALL SIGN ON THE NORTHERLY FACADE OF AN EXISTING COMMERCIAL OFFICE BUILDING LOCATED WITHIN GATEWAY CORPORATE CENTER AT 1370 VALLEY VISTA DRIVE, DIAMOND BAR, CALIFORNIA - Continued from September 3, 1996. Bob McNichols, University of Phoenix, 1436 E. Elwood St., Phoenix, Arizona, asked the Council to overturn the Planning Commission's decision to deny a variance for an additional sign on the Valley Vista Dr. building. The second sign would allow visibility for both the easterly and westerly freeway approaches. He pointed out that the University is the only resident four-year accredited institution of higher learning in the City. He believed the request was a reasonable and rational approach to the variance process because of the building's unique architectural and design characteristics. In response to M/Ansari, Mr. McNichols stated that the University occupies one-third of the building area. Currently, 1000 students are enrolled. Although CalTrans freeway signage directs traffic to the Grand Ave. exit, there is no additional signage directing traffic to the site. In response to C/Werner, Mr. McNichols explained that the University has a seal and a logo, but the City's Sign Code does not permit logos on buildings. Responding to C/Herrera, Mr. McNichols referred to a letter from Trammell - Crow dated September 10, 1996 indicating they did not want any more signs on the building other than what had already been permitted. He indicated that modifying the current address signs to include the building tenants would be a viable option to the University's request for a second sign. C/Herrera stated she would like to see all viable options explored prior to variance consideration. In response to MPT/Huff, Mr. McNichols reported that two signs would provide visibility from both building entrances. The design guidelines do not permit use of logos and monument signs. SEPTEMBER 17, 1996 PAGE 7 In response to MPT/Huff, CDD/DeStefano stated that an amendment for the existing Gateway Corporate Center's design guidelines would be required to accommodate changes in the building's standards. Robert Aaron, University of Phoenix Legal Counsel and Sign Users Counsel of California State Counsel, stated that granting a variance would not constitute a precedent. The property is eligible for a variance because of the uniqueness of the building. There being no further testimony offered, M/Ansari closed the Public Hearing. Following Council discussion, C/Werner moved, M/Ansari seconded, to direct staff to prepare a Resolution of Approval granting the request for variance, include the Findings of Fact to support the Resolution, and return the matter to Council for ratification at its next meeting. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - Harmony, Herrera ABSENT: COUNCIL MEMBERS - None 8. OLD BUSINESS: 8.1 APPROVED FIRST READING OF ORDINANCE NO. 03(1996): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 2.04 OF TITLE 2 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO RUNOFF ELECTIONS. WAnsari moved, C/Herrera seconded, to approve first reading by title only and waive full reading of Ordinance No. 03(1996) relating to runoff elections. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8. NEW BUSINESS: 9.1 (A) RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE DIAMOND BAR REDEVELOPMENT AGENCY TO DESIGNATE A REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES PURSUANT TO CALIFORNIA COMMUNITY REDEVELOPMENT LAW (HEALTH AND SAFETY CODE SECTION 33000, ET SEQ.) - Continued to September 24, 1996. SEPTEMBER 17, 1996 PAGE 8 (B) RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 2 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY - Felice Acosta, Rosenow Spevacek Group, Inc. (R.S.G.) presented a blight assessment report and financial feasibility study relative to establishment of a redevelopment project area and initiation of a redevelopment process. The report is complete and indicates a City redevelopment project area is feasible. M/Ansari asked that Ms. Acosta's presentation be continued to September 24, 1996 at 7:00 p.m. 9.2 LOCAL LAW ENFORCEMENT SUPPLEMENTAL FUNDING - CITIZENS OPTION FOR PUBLIC SAFETY (COPS) - C/Herrera moved, C/Werner seconded, to approve the list provided by Walnut Sheriffs Station for supplemental services and equipment and the necessary budget adjustment for receipt and expenditure of the grant funds. With the following Roll Call, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None RECESS: M/Ansari recessed the City Council meeting to convene the Redevelopment Agency meeting at 10:55 p.m. RECONVENE: M/Ansari reconvened the City Council meeting at 11:00 p.m. 9. COUNCIL SUB -COMMITTEE REPORTS: None 10. COUNCIL COMMENTS: None 11. ANNOUNCEMENTS: None 12: ADJOURNMENT: There being no further business to conduct, M/Ansari adjourned the meeting at 11:00 p.m. to September 24, 1996 at 7:00 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk 0 MINU-F=0 Or TI1� ti1T' 6'iDYfyGIL �, REGULAR MEETING OF.THE CITY OF DIAMOND BAR SEPTEMBER 24, 1996 CALL TO ORDER: Mayor Ansari called the meeting to order at 7:06 p.m., in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Art O'Daly. ROLL CALL: Council Members Harmony, Herrera, Werner, Mayor Pro Tem Huff, Mayor Ansari. Also present were: Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Amanda Susskind, Assistant City Attorney; James DeStefano, Community Development Director; Bob Rose, Community Services Director and Tommye Nice, Deputy City Clerk. NEW BUSINESS: 9.1 (A) RESOLUTION NO. 96-65: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE DIAMOND BAR REDEVELOPMENT AGENCY TO DESIGNATE A REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES PURSUANT TO CALIFORNIA COMMUNITY REDEVELOPMENT LAW (HEALTH AND SAFETY CODE SECTION 33000, ET SEQ.) - Felice Acosta, Rosenow Spevacek Group, Inc. (R.S.G.), concluded her presentation on the blight assessment report and financial feasibility study relative to establishment of a redevelopment project area and initiation of a redevelopment process. In response to CM/Belanger, Ms. Acosta clarified the statement at the bottom of Exhibit B. (2): "first increment received December of following year." Calif. Redevelopment Law states that if the plan is adopted by June, 1997, the project total of all assessed values in the project area will be based upon the 1996-1997 base year. The Redevelopment Agency would not receive any increment during the 1997-1998 fiscal year (July 1 through June 30). The Agency would begin receiving tax increment in December during fiscal 1998- 1999 year. In response to MPT/Huff, Ms. Acosta stated that the adoption process would take approximately 9 months. The Preliminary Plan should be adopted immediately to allow the taxing agencies to produce a base year report. The County has 60 days from notification to produce a base year report. The Redevelopment Agency cannot proceed without the base year report. The 9 -month schedule is realistic if the process continues in an orderly fashion. In response to C/Harmony's request for clarification of the Agency's goals and objectives, Ms. Acosta explained that, typically, the Agency's goals are to eliminate blight (physical and economic) and create economic development within a community. The goals and objectives have not yet been stated because the agency has not embarked upon a plan adoption SEPTEMBER 24, 1996 PAGE 2 process. The study looks at blight assessment and financial feasibility from the standpoint of the conditions and related economics of the study area. Most of the City's physical blight identified was in the area of dilapidation, repair and maintenance and not severe physical blight. The study revealed a large amount of defective and substandard design (lack of parking and incompatible uses) in commercial areas. According to the law, these are conditions of physical blight. The study area suffered a sharp decline in assessed value from 1994-1995 to 1995-1996 as compared to the City of L.A. There is a high prominence of vacancy among the D.B. commercial centers. The area's crime rate has increased over the past few years. Additionally, contributing factors such as traffic and circulation call out for remedies. C/Harmony asked why blight remedies cannot occur under the auspices of the City and the market forces knowing that infrastructure improvements are not necessarily acceptable projects for Redevelopment Agencies. Ms. Acosta responded that infrastructure projects are an acceptable use for Redevelopment Agency funds. Economic blight is one of the primary considerations in the D.B. study area. All surrounding communities have the powers of redevelopment and have been working to capture all of the available excess retail and other types of commercial uses. As a result, D.B. is at a very real disadvantage in addressing its issues without tools for creating private partnerships that are available to adjoining communities. C/Harmony asked how the blighted areas relate to the interest of the health, safety and welfare of the community and to the state. Ms. Acosta responded that when a business community is in decline, it reverberates across the entire community. A question is whether economic blight or physical blight occurs first and how long a structure will be vacant because there is no one to lease the facility before it becomes a nuisance and ultimately, a health and safety concern. D.B. does not have the type of physical blight seen in downtown L.A. However, there are considerations in this community that will lead to health and safety considerations. C/Harmony asked what kind of low-income housing will the City be required to provide if it forms a Redevelopment Agency. Ms. Acosta responded that financial compliance requires the City to set aside 20% of its gross tax increment revenue into a fund for improving and producing affordable housing. With respect to inclusionary requirements, the law provides that 15% of all units created in the project area boundaries must be made affordable and available to low- and moderate -income households. C/Harmony asked how and where the City will use the power of Eminent Domain, tax increment and tax allocation bonds to alleviate slums and blight conditions in the economically depressed urban areas. Ms. Acosta responded that, assuming the City adopts a project area, the Agency will make those decisions as the project progresses. If the City includes tax SEPTEMBER 24, 1996 PAGE 3 increment as a financing tool in its Redevelopment plan, it will be utilized from the date the plan is effective in order to capture the incremental increase in revenue because the funds will be used to support the agency's activities. Use of the power of Eminent Domain is a Redevelopment Agency and City Council decision. Most, but not all, Redevelopment plans include the power of Eminent Domain. She indicated that, in her experience, she has seen the Eminent Domain used extremely sparingly and only after very careful evaluation. The use of Eminent Domain is the exception. Tax Allocation Bonds will be used at the discretion of the Redevelopment Agency. From a practical standpoint, Tax Allocation Bonds cannot be issued until the City is generating enough tax increment to support a Bond Issue that makes sense. The rule of thumb is that the City can issue a Bond that is 10 times the amount the City is receiving on an annual basis. C/Harmony asked how the City qualifies as predominately urbanized and low income when the median income is about $66,000 annually and does not experience prolonged disinvestment or out -migration of industries. Ms. Acosta responded that the law does not require the community to be low income. The community experiences depreciated property values, high vacancy rates, and per capita retail sales (below all surrounding communities). The law does not require consideration of out -migration. C/Harmony asked if redevelopment means the community has to choose between the City's rural country living characteristic and transference into a more faceless urban community characteristic. Would redevelopment bring more taxes, transforming the community's commercial centers into high volume box centers? Ms. Acosta responded that the study area incorporates existing commercial property within the City. The proposed Redevelopment Plan would recommend that the land use plan for redevelopment would be the City's General Plan land use plan. If the City's General Plan is amended, the Redevelopment Plan would be amended. Implementation of the Redevelopment Plan with respect to land use and densities is a City decision and Planning Commission decision and not a Redevelopment Agency decision. With respect to turning the commercial centers into big box centers, retail commercial experiences cycles. The current trend is toward big box centers which tends to draw sales from the neighborhood centers. The City may have the opportunity to recycle its centers with some big box users. The nature of D. B.'s majority of centers does not lend itself to big box users. The Planning Commission, City Council and community will decide what they want to see in the community. It is likely the community wishes to proceed in the direction outlined in the recently adopted General Plan. She stated it is not the intent of redevelopment to change the City's character. C/Harmony asked if D.B. can pride itself on being an affluent upscale community and call itself a blighted community similar to other low income City communities. Ms. Acosta responded that in her opinion, D.B. is SEPTEMBER 24, 1996 PAGE 4 comparable to communities such as Rancho Palos Verdes and other upscale communities that have utilized redevelopment for specific purposes. She believed most people are aware that redevelopment has been utilized to create economic development within communities that are not typical downtown L.A. areas or other types of traditional Federal Urban Renewal projects. However, the standards are different. C/Harmony stated that, under AB 1290 enacted in 1994, a blighted area is one that is predominately urbanized and the combination of blight is so prevalent and substantial that it causes substantial reduction in the proper use of an area and is a serious burden on the community which cannot reduce itself without redevelopment. This revised definition of blight must be prevalent in substantial, not just characteristic. He asked how D.B. can justify such a claim. Ms. Acosta responded that ultimately, through Redevelopment Plan adoption process and further study, RSG will provide a preliminary report to the City Council that documents all of the conditions within the area. The Redevelopment Agency and the City Council will decide whether the conditions meet the letter of the law. The feasibility study concludes there is sufficient evidence to warrant moving ahead. Additional studies may recommend a reduction of the project area or adoption of the entire area during plan adoption process. C/Harmony asked when the Project Area Committee (PAC) will be formed. Ms. Acosta responded that the law requires a Project Area Committee only if the City displays a substantial number of low and moderate residential units. The proposed study area contains only two residential units; therefore, the law does not require the City to form a Project Area Committee. RSG recommends that rather than creating a Project Area Committee, the City should focus on public education forums and committees to discuss and disseminate redevelopment information. Requirement for a PAC in the project area formation is a highly prescribed process within the law dealing with the assumption that the City will displace low- and moderate -income households. As a result, the law requires notification of all property owners, businesses, tenants and residents within the study area. C/Harmony asked Ms. Acosta if the parks shown on the map contained in the study area exhibit are considered urban areas. Ms. Acosta responded that they are considered urban areas because they are development in the manner prescribed by the General Plan and not considered vacant. The study incorporates all perceived vacant land and analysis of urbanization criteria. W.V.U.S.D. property adjacent to Pathfinder Rd. was not considered urbanized. The Bramalea property was considered vacant. 14% of the area included in the report is considered non -urbanized. The report suggests that the Gateway Corporate Center has urban blight characteristics due to the fact that the subdivision has existed for a period of time with slope problems and high vacancy rates. SEPTEMBER 24, 1996 PAGE 5 Ms. Acosta responded to M/Ansari that an abnormally high rate of vacancy occurring over a period of years is a characteristic of blight and is characteristic of the D.B. study area. M/Ansari expressed concern that many of the businesses considering relocation in D.B. have asked if the City has a Redevelopment Agency. She observed that many of the City's neighboring communities have Redevelopment Agencies. She indicated she is aware that since 1994, the standards have become very strict. The City is currently unable to attract business because of parking and shopping center layout considerations. She asked Ms. Acosta if there are any guarantees that the City would be successful in the event a Redevelopment Agency was adopted. Ms. Acosta responded to M/Ansari that there are no guarantees. D.B. is in a very jurisdictional ly-competitive environment. Surrounding communities have a number of characteristics which make them more desirable to businesses such as the ability to use financing and other tools related to redevelopment. The brokerage and development community spoke about D.B.'s antiquated shopping centers, undesirable traffic problems, lack of visibility and no redevelopment. M/Ansari indicated the City can either adopt a proactive stance or do nothing and allow the commercial buildings to remain vacant. She stated she is aware of commercial buildings that have not been occupied since they were constructed. She asked if the Redevelopment Agency could concentrate on one area of the City at a time. Ms. Acosta responded that her advice to any agency embarking upon implementation is to consider the most important goals and greatest opportunities, and to select projects very carefully and to embark upon those projects first. In response to C/Herrera, Ms. Acosta explained that it is not the consultant's role to decide Agency development goals and objectives. If the City was within the adoption process, RSG would propose certain goals and objectives it considers important in achieving redevelopment of the area. Ms. Acosta reiterated to C/Herrera that if the City has no intentions of eliminating a neighborhood of houses, it is not required to develop a Project Area Committee. As a result, the Redevelopment Agency and City Council is afforded more latitude in formulating what kind of public participation program it desires. If RSG had included residential properties in the study area, and the City was required to have a Project Area Committee, the PAC must contain representative members from the project area slated for elimination and as well as property owners, businesses, residents, residential tenants and community organizations, if headquartered within the boundaries. SEPTEMBER 24, 1996 PAGE 6 Ms. Acosta responded to C/Herrera that if the Ordinance is not adopted by July 17, 1997, there would be a loss in potential tax increment to the Redevelopment Agency because, instead of having a 1996-1997 base year, the City would have a 1997-1998 base year. If within those years, the property values increased, the City would lose whatever revenue was generated by the increase and cumulative incremental increases would be lost for the term of the project area. Over the period of the Redevelopment Plan, the revenue loss could be several million dollars. C/Werner referred to the City's General Plan and asked Ms. Acosta if redevelopment funds would allow the City to achieve a stated goal of working toward improving the problems presented by the intrusion of regionally -oriented commuter traffic through the City and into residential neighborhoods. Ms. Acosta responded that pursuit of the Redevelopment Plan would allow the City to achieve this goal. Redevelopment Plans are documents that set forth goals and objectives and all of the powers that the Agency will have to revitalize the project area within the project area boundaries. Additionally, plans are required to have a Public Improvements Projects list. CNVerner again referred to the City's General Plan and asked Ms. Acosta if redevelopment funds could assist the City in encouraging the retention, rehabilitation, refurbishment and/or expansion of existing business establishments. Ms. Acosta responded affirmatively. She indicated that all of the plans she has been involved with have contained goals and objectives regarding rehabilitation of both commercial and residential properties. Ms. Acosta further responded to CNVerner that a Redevelopment Plan would allow the City to encourage revenue -generating uses in locations that serve the City's needs and undertake programs to target revitalization of existing commercial uses and selected new retail uses needed to expand the range of goods and services available to local residents and to generate needed sales tax revenue. Responding to CNVerner's question regarding whether redevelopment funds could be used to fund arterial highway access to future schools, Ms. Acosta indicated that the provision of public improvements within or in proximity to, a project area and that would benefit the project area, is allowable. In response to CNVerner, Ms. Acosta stated that through implementation of a Redevelopment Plan, redevelopment funds would become available to the City for implementation of that portion of the General Plan and the Housing Element contained therein. C/Werner asked if the following General Plan policy is in conflict with the purview of the Redevelopment Agency program: "Establish a monitoring program which identifies the type and cost of housing being produced within SEPTEMBER 24, 1996 PAGE 7 D.B., as well as the availability of vacant land which can be used to accommodate a variety of housing types. Produce required reports to accomplish the programs outlined in this plan (there are numerous programs proposed) for housing that is affordable to very -low, low, and moderate income households." Ms. Acosta responded that the 15% requirement for inclusion includes the segments referred to in the General Plan and should be applied to all of the income types specified in the City's General Plan. C/Werner asked if the following General Plan policy would be constrained by redevelopment: "Facilitate the provision of single and multiple -family dwelling units available to very -low, low, and moderate income households through participation in the County's Mortgage Revenue Bond program, issuance of mortgage credits, certificates and other viable economic resources". Ms. Acosta responded that, to the contrary, there would be a supportive effort to achieve the stated policy. C/Werner asked if the following General Plan objective could be accomplished through redevelopment: Specifically encourage development of assisted rental housing for the elderly, handicapped and disabled. Specifically encourage development of such housing through the use of tax exempt bonds, land write-downs, etc. Ms. Acosta responded that such a policy can absolutely be accomplished through redevelopment. C/Werner stated that although the City has not decided on a specific plan, there are implied commitments stated in its General Plan. He indicated that Ms. Acosta's responses indicate a properly developed and implemented program would assist the City in achieving its General Plan goals and objectives. Ms. Acosta explained to MPT/Huff that certain schools were included in the study area's preliminary boundaries in the event of future alternate uses because they are adjacent to, or in close proximity to, inclusive commercial areas. During the Redevelopment Plan adoption process, the boundaries will be revisited. Walnut School is an example of an inappropriate school site because it is bordered by industrial and commercial and the school is in poor condition. Ms. Acosta responded to MPT/Huff that Lorbeer Jr. High may qualify to be included under redevelopment criteria. If arterial improvements to Diamond Ranch High are needed to benefit the proposed project area, at some time in the future, benefit findings could be made to utilize funds for arterial road creation. She indicated she would be less enthusiastic about including this item in the redevelopment plan. Ms. Acosta responded to C/Harmony that RSG recommended not to include the canyon area extending along Golden Springs Rd. and adjacent to SR 60 because of the parcelization of the area and the fact that it would impact the SEPTEMBER 24, 1996 PAGE 8 urbanization of vacant land. Redevelopment does not allow parcel splits. C/Harmony asked for reconsideration of the project area to include the canyon area. He further asked if development of a big box shopping center would dilute an already existing economic condition or is the. City building something that will survive in light of the current economic depression. Ms. Acosta agreed with C/Harmony that the retail evolution has produced the big box user issue which is one of the reasons that D.B. is not currently competitive. RSG relied on Economic Research Associates' work which looked at D.B. in the marketplace and analyzed the surrounding competition and identified areas in which D.B. could compete and pursue certain types of uses. Revenue projects reflect those types of projects. Prior to embarking upon any type of project, the City would want to make certain that it made sense within the marketplace. C/Harmony asked if L.A. County objects to the formation of a D.B. Redevelopment Agency. Ms. Acosta responded that she is not aware if anyone has approached the County. She indicated that she recently completed two amendments and a merger within the County and had no problems with the County, which was quite different from the conflicts experienced prior to December 1990. Ms. Acosta responded to C/Harmony that for the study area, RSG focused on the commercial areas within the City of D.B. If the City moves forward to adopt a Resolution, the next step is to develop goals and objectives for which the City's General Plan will be utilized. RSG did not consider the City's General Plan in drawing the study area boundaries. C/Werner explained that he and MPT/Huff have had approximately six meetings with RSG since April or May, 1996 as sub -committee members. The meetings were held to discuss the possibilities of pursuing a Redevelopment Plan. RSG has concluded that a Redevelopment Plan is worthy of consideration. He indicated that he received a survey study draft two weeks prior to all Council Members receiving final draft copies approximately two months ago. Each member of the Council had ample opportunity to discuss questions with staff. He stated that staff indicated no Council Members had offered comments regarding the plan. He further stated that he did not agree with back door approaches. He indicated he felt the Council had been forthcoming with the community and that staff had been forthcoming with the Council and the community. C/Werner moved, C/Herrera seconded, to adopt Resolution No. 96-65: A RESOLUTION OF THE CITY OF DIAMOND BAR AUTHORIZING THE DIAMOND BAR REDEVELOPMENT AGENCY TO DESIGNATE A REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES PURSUANT TO CALIFORNIA COMMUNITY REDEVELOPMENT LAW (HEALTH AND SAFETY CODE SECTION 33000, ET. SEQ.) SEPTEMBER 24, 1996 RECESS: RECONVENE: RECESS: PAGE 9 M/Ansari recessed the meeting at 8:45 p.m. M/Ansari reconvened the meeting at 8:56 p.m. C/Herrera moved, C/Werner seconded to end the debate. The motion was approved 4-1 with C/Harmony voting No. C/Werner called for the question on the motion to adopt Resolution No. 96- 65. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None (B) RESOLUTION NO. 96-66: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 2 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY - C/Werner moved, C/Herrera seconded, to adopt Resolution No. 96-66. C/Werner amended his motion to include "in accordance with the General Plan". C/Herrera seconded the amended motion. C/Werner moved, C/Herrera seconded to close the debate. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None RECONVENED: M/Ansari recessed the City Council meeting to conduct the Redevelopment Agency Meeting at 9:02 p.m. M/Ansari reconvened the City Council meeting at 9:42 p.m. 9. COUNCIL SUB -COMMITTEE REPORTS: C/Herrera announced the next Wildlife Corridor meeting on October 2. She stated CPA's have reviewed the City's procurements, cash disbursements procedures and transaction procedures and made a finding, based upon cash disbursements made during the 3 -month period ending June 30, 1996, that the City is in compliance with the procurement and cash disbursement policy as stated by the American Institute of Certified Public Accountants. She commended staff. She indicated that several staff members, M/Ansari and she will attend the Western Regional Conference for the International Council for Shopping Centers starting September 25. She explained the City's CD Rom presentation for attracting businesses to D.B. C/Harmony stated that last week C/Herrera passed out a memorandum to Council SEPTEMBER 24, 1996 PAGE 10 urging that if the property in Tonner Canyon is sold to the Wildlife Corridor, that the sales agreement include provisions for a highway to go through the Canyon. He indicated that the City's General Plan does not permit a highway through Tonner Canyon - it permits a highway outside the Canyon and located to the east. He then proposed that Olympic Gold Medal Winner congratulatory signs be posted on the City's bus stops. He requested a report on the business relocating to D.B. MPT/Huff stated that on September 4 & 5, the City culminated Sister City activities by hosting the Sanshia Chen, Taiwan, delegation of 48 at a banquet. On 9/9, the Four Corners Committee met and decided to reassess the group's goals and objectives. He indicated areas of concerns regarding involvement of City's elected officials and a Tonner Canyon bypass corridor. On 9/12, D.B. and Chino Hills Council Members met for the first time. Discussion included Chino Hills' weekly street sweeping, Chino Hills cut -through traffic, and the impact of Diamond Ranch High School opening onto Chino Hills city streets. Chino Hills Council Members indicated that the City favors a bypass road to mitigate its traffic problems. The discussion included mutual Sphere of Influence areas. MPT/Huff explained that the Chamber of Commerce is sponsoring a membership drive on October 8, 9 and 10 and encouraged business owners to join and help support the City's businesses. The San Gabriel Council of Government (COG) met September 19. With the addition of Montebello, there are 30 member cities. He asked Council Members to return their October 4 State Senator and Assembly Reception R.S.V.P.'s by October 1. He stated that, according to a letter from the State, L.A. County residences are specifically exempted from the MPDES regulation. He presented a Proposition A update. He indicated that if the Boy Scout property acquisition takes place, the current language prevents construction of a bypass road outside of the SEA on Boy Scout property as the City's General Plan calls for. He stated he protested this matter. He indicated Foothill Transit is proposing a 10 cent fare increase. Public Hearings for this item are scheduled for September 25, 26 and 30 with a formal Public Hearing Saturday, October 5 at the Foothill Transit Board Room. Call Foothill transit or City Hall for information. 10. COUNCIL COMMENTS: M/Ansari attended the Magic of Broadway opening at Mt. SAC's Performing Arts Center. On September 19, staff members, C/Herrera and M/Ansari attended the San Gabriel Commerce & Cities Consortium's Economic Conference at the Sheraton Fairplex. She has Alameda Corridor information for interested Council Members. She presented certificates to D.B. citizens who participated in the Pomona Fair Technology display. C/Harmony, C/Werner and M/Ansari attended the Contract Cities meeting in Tecate, Mexico. She recommended that Proposition 218 discussion be agendized for the October 1 st Council meeting. She announced that she had moderated a League of Cities water meeting at the City of Industry Sheraton Hotel and asked that a Proposition 204 (Bay/Delta project) discussion be agendized for the October 1 st Council meeting. A Lions Club eye clinic van will be at South Pointe on Monday, September 30. Also on September 30, she will appear on the YMCA's Voices of Votes panel at the Claremont Youth Center. SEPTEMBER 24, 1996 PAGE 11 C/Herrera stated that on September 17, Council paid tribute to Phyllis Papen who worked tirelessly to benefit D.B. Even after she lost the election, she continued to lobby for funds for carpool lanes, which are currently being constructed. She thanked Ms. Papen for her efforts. She then reminded Council Members to turn in their goals matrix for next month's agenda. MPT/Huff encouraged City participation in the January, 1997 City Manager's Leadership Team Workshop conducted by the League of California Cities. He encouraged the public to become involved in the Planning Commission's Development Code review process by calling Community Development Director James DeStefano or Planning Department staff members at 396-5676. 11. ANNOUNCEMENTS: None 12: ADJOURNMENT: There being no further business to conduct, M/Ansari adjourned the meeting at 10:12 p.m. TOMMYE NICE, Deputy City Clerk ATTEST: Mayor MINUTES OF THE CITY COUNCIL REGULAR.MEETING OF THE CITY OF DIAMOND BAR OCTOBER 1, 1996 1. CLOSED SESSION: None held. 2. CALL TO ORDER: Mayor Ansari called the meeting to order at 6:49 p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Joe Ruzicka. ROLL CALL: Council Members Harmony, Herrera, Mayor Pro Tem Huff, Mayor Ansari. Also present were: Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Jenkins, City Attorney; James DeStefano, Community Development Director; George Wentz, Director of Public Works; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Certificate of Recognition to Patricia Widener, California State Baton Twirling Champion. 3.2 Presented Certificate of Recognition to Glen & Mary Thomas upon celebration of their 50th Wedding Anniversary. 3.3 Presented City Tile to Dr. Dan Buffington for community involvement. Accepted by Mrs. Cathy Buffington. (C/Werner arrived at 6:50 p.m.) 3.4 Proclaimed October, 1996 as "Escrow Month." 3.5 Proclaimed October, 1996 as "Crime Prevention Month" - accepted by Mr. Vaughn, Community Volunteer Patrol. 3.6 Proclaimed October 7-11, 1996 as "Diamond Bar Chamber of Commerce Week" - accepted by Art O'Daly. 3.7 Proclaimed October 7-11, 1996 as "California Rideshare Week." 3.8 Presentation of Certificate of Recognition to D.B. Honda continued tc October 15, 1996. 4. PUBLIC COMMENTS: Dr. Lawrence Rhodes thanked Council and staff for promptly installing the signage and red curbing on Brea Canyon Rd. He suggested that two Council members each from D.B. and Walnut meet with Pomona and Walnut Valley Unified School Boards regarding a student I.D. and fingerprint program for truancy and curfew enforcement. He asked that the matter of a City Curfew Ordinance be agendized for Council discussion. Steve Nice asked what happened to the map and deed restrictions on Sandstone Canyon property acquired by Arciero & Sons. He expressed concern regarding the possible contradiction of including Sandstone Canyon in the redevelopment map. OCTOBER 1, 1996 PAGE 2 5. SCHEDULE OF FUTURE EVENTS: 5.1 D.B. CHAMBER OF COMMERCE MIXER - October 3, 1996, 5:30 p.m., Ranch Festival site, Gateway Corporate Center. 5.2 D.B. RANCH FESTIVAL - October 4, 5 and 6, 1996 - Copley Dr. in the Gateway Corporate Center. 5.3 TRAFFIC & TRANSPORTATION COMMISSION - October 10, 1996 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.4 PLANNING COMMISSION - October 14, 1996 - 7:00 p.m. AQMD Auditorium, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - October 15, 1996 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.6 ST. DENIS 25TH ANNIVERSARY - October 13, 1996 - Cardinal Mahoney, Los Angeles Diocese, will preside during morning mass. 6. CONSENT CALENDAR: CA/Verner moved, M/Ansari seconded to approve the Consent Calendar with the exception of Items 6.8 and 6.9. Motion carried unanimously by the following Roll Call vote: (C/Harmony abstained from voting on approval of the Rutan & Tucker invoice on the Warrant Register and on Item 6.11.) AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: A. Regular Meeting of August 20, 1996 as amended - Continued from September 17, 1996 B. Regular Meeting of September 3, 1996 as amended - Continued from September 17, 1996 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES: A. Regular Meeting of August 12, 1996. B. Regular Meeting of August 26, 1996. 6.3 RECEIVED & FILED PARKS AND RECREATION COMMISSION MINUTES: A. Regular Meeting of July 25, 1996. 6.4 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES: A. Regular Meeting of July 25, 1996. B. Regular Meeting of August 1, 1996. OCTOBER 1, 1996 PAGE 3 C. Regular Meeting of August 8, 1996. 6.5 APPROVED VOUCHER REGISTER dated October 1, 1996 in the amount of $521,581.42. (C/Harmony abstained from voting to approve payment to the law firm of Rutan & Tucker. 6.6 RECEIVED & FILED TREASURER'S REPORT -for August, 1996. 6.7 REJECTED CLAIM FOR DAMAGES filed by Lydia Macias September 18, 1996 and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 6.10 APPROVED INCREASE IN CONTRACT AMOUNT FOR SPECIAL LEGAL SERVICES in the amount of $6,500 for special legal services by Michael Montgomery related to the Days Hotel Transient Occupancy Tax (TOT) lawsuit. 6.11 APPROVED SPECIAL LITIGATION SERVICES RE: CLAIR HARMONY VS. CITY OF DIAMOND BAR, et al, increasing the cost of special litigation services from $25,000 to an amount not to exceed $30,000 with the law firm of Rutan and Tucker, specifically, Leonard Hampel. (C/Harmony abstained from voting on this matter.) MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.8 AMENDMENT TO CONTRACT FOR MAINTENANCE OF EIGHT CITY PARKS TO ADD NATURAL AREA OF SYCAMORE CANYON PARK. CM/Belanger stated that on May 21, 1996, Council approved a contract extension with Accurate Landscape & Maintenance Corporation in the amount of $102,600 for July 1, 1996 through June 30, 1997, for maintenance of eight City Parks. The contract did not include the natural area of Sycamore Canyon Park. During the last week of September, staff worked with the California Conservation Corps to complete a one-time cleanup of the natural area. In an effort to maintain the natural area in a clean and aesthetically pleasing manner, staff solicited a proposal from the City's current parks maintenance contractor to perform a one time per week trash and graffiti removal in the area. The monthly contract amendment cost is $193.50. The cost for the remainder of the 1996/1997 Fiscal Year, October 1, 1996 through June 30, 1997, is $1,742. MPT/Huff stated that he would prefer the work be contracted to community volunteer groups instead of paid professionals. C/Werner suggested signage be added to the area seeking citizen's cooperation in maintaining the natural habitat area. OCTOBER 1, 1996 PAGE 4 C/Werner moved, C/Herrera seconded, to approve amendment to the contract with Accurate Landscape & Maintenance Corp. for maintenance of 8 City Parks and include the natural area of Sycamore Canyon Park, in an amount not to exceed $2,322, for a total annual contract amount of $104,922. Further, to authorize transfer of General Fund reserves in the amount of $1,742 to cover the cost of the amendment for the remainder of the Fiscal Year. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, M/Ansari NOES: COUNCIL MEMBERS - MPT/Huff ABSENT: COUNCIL MEMBERS - None 6.9 RESOLUTION NO. 96-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REVERSING THE PLANNING COMMISSION'S DECISION OF DENIAL AND APPROVING VARIANCE NO. 96-1, A REQUEST TO INSTALL A SECOND WALL SIGN ON THE NORTHERLY FACADE OF AN EXISTING COMMERCIAL OFFICE BUILDING LOCATED WITHIN GATEWAY CORPORATE CENTER AT 1370 VALLEY VISTA DRIVE, DIAMOND BAR, CALIFORNIA - CM/Belanger stated the applicant, University of Phoenix, requested a variance from the City's Sign Ordinance to install a second wall sign on the northerly facade of a commercial building. On September 17, 1996, upon conclusion of the Public Hearing, Council directed staff to prepare a resolution approving Variance No. 96-1. C/Werner moved, M/Ansari seconded to adopt Resolution 96-70 reversing the Planning Commission's decision of denial and approving Variance No. 96-1. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - Harmony, Herrera ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 SECOND READING OF ORDINANCE NO. 03(1996): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 2.04 OF TITLE 2 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO RUNOFF ELECTIONS - MPT/Huff moved, C/Harmony seconded to approve second reading by title only, waive full reading and adopt Ordinance No. 03(1996) relating to runoff elections. Motion carried unanimously by the following Roll Call vote: OCTOBER 1, 1996 PAGE 5 AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8. NEW BUSINESS: 9.1 (A) RESOLUTION NO. 96-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE POLICY AUTHORIZING THE ACCEPTANCE OF GIFTS AND DONATIONS TO THE CITY - CM/Belanger stated that at a recent meeting, Council directed staff to draft a policy relating to offers of gifts and donations by private parties, organizations and others, to the City. In response to M/Ansari, CM/Belanger explained that staff reviewed other city's policies which were incorporated into the proposed policy. Gifts valued in excess of $3,000 would require Council approval. Gifts valued below $3,000 may be approved by the City Manager. MPT/Huff asked how the City would arrive at a donation value. CM/Belanger stated that, regardless of the donor's evaluation, the City will apply comparative retail sales prices or engage an appropriate independent appraisal service to arrive at a value. Council may wish to incorporate value determination methods within the policy. C/Werner suggested the following changes to the policy: under the PURPOSE section, change art work to artwork and change the sentence to read: ...equipment and services from: citizens, community organizations and others..." Change the last sentence under POLICY to read: 'The City Manager may make the decision for acceptance..." CM/Belanger explained that need determination is based upon a consideration of pertinent factors such as incorporation of additional staff or ongoing costs. The acceptance of equipment or artwork will not necessarily increase the City's insurance coverage or premiums. Each situation will be reviewed and discussed in the staff report forwarded to Council. In response to C/Herrera, CM/Belanger indicated that staff will include consideration of the appropriateness of gift donations for all value categories. In response to C/Harmony, CM/Belanger explained that the proposed OCTOBER 1, 1996 PAGE 6 cougar statue donation project was proposed to be completely funded through private donations. It is anticipated that any party having an interest in offering such artwork to the City approach Council, with an offer prior to funding solicitation and commencement of work, to obtain Council concurrence with and endorsement of the project. C/Harmony asked that the Policy reference strict inventory accountability. Once the item is donated to the City, it is an asset that remains with the City and not be released except under terms of the Purchasing Ordinance which provides for disposal of surplus. He requested that the Policy include accountability for acceptance of personal gifts. M/Ansari indicated to C/Harmony that the City has paid for raffle gifts and has never solicited any such items from businesses. CM/Belanger confirmed M/Ansari's statement indicating that if a business gives the City a gift such as a box of chocolates it is generally raffled. Individual staff members, Council Members and Commissioners have a responsibility under the current rules to declare gift items. In any event, gifts or donations are considered under the proposed policy of acceptance. M/Ansari asked C/Harmony to provide gift acceptance verbiage for the proposed policy. Joe Ruzicka commended Council for discussing the matter. He suggested that Council appoint a standing committee or subcommittee composed of one City Council member, the City Manager and an expert in the field of the "gift" category. Terry Birrell suggested the Council set broad standard accounting and management policies with respect to gifts and donations to the City. She further suggested that as a matter of standard policy, solicitation letters should be reviewed and controlled by the City and that separate bank accounts should be established for deposit of funds to be dispersed to the artists. She proposed that with reference to gifts and donations in the first paragraph following Policy after "value has been defined," the second sentence should read: "gifts and donations, individually or in the aggregate (from an individual within the fiscal year period), exceeding $3,000..." MPT/Huff suggested that the last paragraph be changed to "The City Manager will have the authority to make a determination of whether or not the damaged item should be repaired, replaced, or removed." OCTOBER 1, 1996 PAGE 7 C/Werner asked that staff and/or the subcommittee incorporate "ongoing maintenance." MPT/Huff moved, C/Werner seconded, that further consideration of the Gifts and Donations Policy be referred to staff and to a City Council ad-hoc committee consisting of C/Harmony and C/Herrera. Motion carried unanimously. 9.2 RESOLUTION NO. 96-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RELATING TO THE NUMBER OF PRESIDENTIAL APPOINTMENTS TO LEAGUE OF CALIFORNIA CITIES' POLICY COMMITTEES - CM/Belanger stated that upon approval, direction would be given to the Mayor to vote at the League of California Cities Convention to support the concept that 14 Presidential appointments per committee should be the rule for the League of California Cities. C/Harmony moved, MPT/Huff seconded to adopt Resolution No. 96-71 relating to the number of Presidential Appointments to League of California Cities' Policy Committees. Motion carried unanimously. RECESS: M/Ansari recessed the Council meeting to the Redevelopment Agency meeting 8:33 p.m. RECONVENE: M/Ansari reconvened the City Council meeting at 8:42 p.m. 9. COUNCIL SUB -COMMITTEE REPORTS: C/Herrera reported that she and M/Ansari attended the International Council of Shopping Centers Western States Conference on September 26 & 27. She commended Mike Nelson for his video presentation preparation. C/Werner thanked M/Ansari, C/Herrera and staff for representing D. B. at the Palm Springs Conference. He asked if the display could be present at the Ranch Festival. He requested the City send condolences and flowers to the October 2 funeral services for City of Industry's Mayor John Ferrero. M/Ansari stated she would attend the funeral services. The City will make a donation to the American Heart Association in lieu of flowers as requested by the family of Mayor Ferrero. Mr. Ferrero served as Mayor of the City of Industry for 39 years, which is a country -wide record. She then asked that the City's CD-ROM Marketing program be shown at the next Council meeting. She indicated that the League of Cities and SCAG are concerned about AB 218. AB 204 (Delta water) and AB 218 will be discussed at the October 15 Council meeting. She stated she and C/Werner attended the BSS meeting and that she had spoken at the YMCA's Voices of Votes. She reminded citizens that the Ranch Festival would be held October 4-6. The Chamber of Commerce and Waste Management will co -host a reception on Thursday, October 3, at 5:30 p.m. OCTOBER 1, 1996 PAGE 8 10. COUNCIL COMMENTS: None 11. ANNOUNCEMENTS: None 12. ADJOURNMENT: There being no further business to conduct, M/Ansari adjourned the meeting at 8:54 p.m. in memory of Mayor John Ferrero. LYNDA BURGESS, City Clerk ATTEST: Mayor I/ 1 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Councilmember Werner and Councilmember Herrera AIA FROM: Linda G. Magnuson, Accounting Manager SUBJECT: Voucher Register, October 15, 1996 DATE: October 10, 1996 Attached is the Voucher Register dated October 15, 1996. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent Calendar. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated October 15, 1996 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. FUND DESCRIPTION AMOUNT 001 General Fund $347,598.77 112 Prop A Fund -Transit 15,757.62 118 Air Quality Fund 2,904.88 125 CDBG Fund 3,487.32 138 LLAD #38 Fund 8,695.09 139 LLAD #39 Fund 14,376.18 141 LLAD #41 Fund 3,665.61 250 C.I.P Fund 209,094.43 TOTAL ALL FUNDS $605,579.90 APPROVED BY: &�� b ��d .9?--' Linda G. Magn son Accounting Manager Terrence L. Belanger City Manager Gary H. Werner Councilmember Carol A. Herrera Councilmember TUTaL t2E VENDOR --------i ?''.43 ,iccurate Landscape x� � y ] ry 1 i T i ? a '� •i F RUN IME: 10.55 1;, a f _ tiC - - E - £ 74E 1 'r, 4416. Wit- e^Mage..,::-Sept al.. DIE rr X001-43iG-5300 2 7101'_ X;3/4 5 VEN" NAPE YPM ID. r!aint-"lapse Hill -Sept 5t� . '0 X001-4 1�•-r 0i: r PREPAID } ACCOUNT PR.GJ.TX-M BR1OMLINE/NG. ENTR'/DU`c INVOICE DcCv;;IPTI!!+ AfIGL;yT CAE C1+ECK 4 S Bus Company Mhscc 44761 %irt-reterson Prl:-dept 1,2;)0.00 ¢001-43 D-5:300 *112-4360- :?10 5 `_L n? ndytl a u '„ r. jLayCamr-Aug #101-4325-5300 2 71015D 06/4625 10109 10/15 44761 `taint-Starshine 4 14_--'�� '101ST! G7/4625 10/0w 10/15 4#76: ,aint-Sum^itridge-Sept '•;ENC'Gh:--------, 1,'7..:a ?� T 7 &T 44;61 taint -Sycamore Cyn -Sept 1,600.00 ",u i 4r_?. -125 .1 •y _ _ ; . :stn - Phr:e Svcs ''3 ;'' Phne :vcs Acade, v G} • = � r -r - $.a 4 __.tel J: I JC).00 " L 1uE ,;F y7 OR -------- .'JO Acrcunt 2-!C.s U ERI +0 1 405,! 400 ty DUE VENDOR --------) 40,:'. 00 Accura'e L311.11SIZace ry o t l *' $ l 4 "' 1 �'� 10: v9 1L 115 44:?= tlr.:y Maint-P,Grow 74,4? ...-0- i 15 '4`4`' y. ..',1g Mayr', HrtgeFrk * ii?1 4.21 9 221', _ -...4U ,,d 14b.:6 10r0";+ 10115 4$x•46 ' Add - i Aug airt Peter_;, ...''4 _26 l:f..,a .':1:5 x':'47 d'. Aug +saint-PonReagn t.7 of 1626 10/0? IC, i5 4454' '!d )'i Aig Maint-Su�ur�trdge 1' 1.?2 ai01 4.,u-..210 .�D 3;4626 10/0? 10/15 44`50 ?dd`1 Aug faint-MpleIrill 44.34 *001-43'1-2210 4 71!;150 15/4626 10/09 10/15 445.`_':: ?deI A+.i; Maint-SycCyn �- TUTaL t2E VENDOR --------i ?''.43 ,iccurate Landscape Accurate -.,,. X001 -431' -._.}vv - 2 71012 02/4625 10/09 1;;/15 'r, 4416. Wit- e^Mage..,::-Sept al.. 75 .00 X001-43iG-5300 2 7101'_ X;3/4 5 10/09 10/15 44731 r!aint-"lapse Hill -Sept 5t� . '0 X001-4 1�•-r 0i: 4 3 10/09 10/15 44761 Mair.t-Maple Hill -sept x)0.00 #{;:)1-431y-5300 2 71 }`44/462<i 10/09 10/15 44761 %irt-reterson Prl:-dept 1,2;)0.00 ¢001-43 D-5:300 2 11021 05/4 O 10/09 10/15 44761 Malnt-Ren Reagan -Sept 1,00;:.1)0 #101-4325-5300 2 71015D 06/4625 10109 10/15 44761 `taint-Starshine ii)U1-4325-5300 '101ST! G7/4625 10/0w 10/15 4#76: ,aint-Sum^itridge-Sept 1,500.00 1001-4331-5300 {1`�- 08/4625 _ 711 .J 'iC,/ 10;,W 10/15 44;61 taint -Sycamore Cyn -Sept 1,600.00 07 , _ 5`0. ;>_ Na u0E VENDOR --------- �, 00 Aicwratc Landscape HLCL ate :7 _ 6137 45 -22i0 ..,._i: ._i4 :j,i.Y 13/:5 44�r'_. �;d• ..,a..'* J. St 1F_ -Sept .c;. 5 6: a 4.D:39- _500 44',.:3 "d:i�.-:st�xJa-Sept .L JUE .......... 156 YViDOR NAME VAMID.# PREPAID# ACCOUNT='Rt7J.Tl-WE -*` 1. ENTNY/rUE INVOI[l DESCRIuTiON AMOUNT DATTE L BECK .5'---------------------------------------- yccurate Landscape Accurate *t;Ll'43::"1: U0 5 '101`5 01!`4`I:= i0,, j4 ,{ji _ 44' ': Park _'Upalleg 494. U JTAL 'D E VENDOR --------> Adams, Jaws A. Adamsi *(l&i-?300-10(,2 7 71015E Ls 10/09 1011 J '. '4..,hJ(t L: '. Y�- CeLLOf-C!fRRPrk. --- IL _, 4Ii :tanager,entIi *ft":, 441-5`'? - cy ' ?i015£ 01._-'4373 10/09!W15 1,477 r 5vca-?;'-14 - 330. 20 ` `"L DUE VENDOR ? x,390.20 ?merican Heart rssoc. AmHeartAs: c *001-4090-z-395 i '1'J15D 10/04 10;15 _. .rit-"lemrlFnd-Ferraro 50.00 J'AL VENDOR --------i 50.00 Rmerican Ned Cross AiRedCross *1 5-4215-4000 _ 71015D 01/4804 10/09 10/09 3164 CFS/FrstAidTrg-Seniors -24.0'0 TOTAL DUE VENDOR --------> w'4.00 American Society of ASCE *001-4510-2315 1 71015D 10../09 10,'15 McRherships-Liu,Manela 14b.00 TOTAL DUE VENDOR --------> 195.00 Babbitt, Luzmaria * �1-347�. 4 2127 20 710158 10/09 10!15 F,ec'�atlo Refund '£•')'= 0 ," ! AL :'_JE `VENDOR --------? C 00 tco, "Yung 40011-347e 27 710l�irt� 10/09 i0/15 ^9:1 sat =-n Refund 43.00 heth, L;ernifer I -C r.0.:-1002 800thJ 4 ,,15 : � a ]ecrge Cv,213 _ L...-.:�:L U; N T I M E - I 3 4EK,-�QR VENDOR ID. 4 4 AM.GiluNT 0 A, T E ACCOLIN T PRI,1J.Tx-NO BATCH PO-LINEAD. E NI, ------------------------------------------------------------------------------------------------------------------------------------ Er a�., d m a r Assoc., ":ch a e I Brandman --------- Srvap, 14. D-Urrat 6 rvar.:,;t.,7- �2 1-4551, 8 1015F 7— 9 ar .1 *;J01 2,),DC- i "', 1 41 -.;F . ; - L E v i ew - EN 14 2 0-1i1-4551-_2 23; 11I'IF C; I i 4 Q,:, r. _ ;i ;C= -Tenderfoot Way :an Svc-fencer=oot;Way 4(;i -14t,-J -�522,3 14 0 �jF C, 1 /4 5 16 r 0 r.--teep 1 echaa 71V. 10/09 i0 ;15 3 pan Check SVCS-Gak It"nCII 7C.TAL DUE VENDOR - -------- 950.94 C&L' Lu.,Zer C�-E:Lwhcer 2,1 .16 '11015D 01/456' JU/ --j9 15/15 1.846t FencingSuppls-SycCynPrk 2,4)-'0.97 12TAL -`,UE vENDOR 2,430.97 *001-4S10-2 30 ;,'i,,)15B 02/49';3 ju 10%15 Com 0 PREPAID AMOUNT j. )v kt CDMHF,-,,L j M 431,C.- - -3 1 4 , j V? 1, A,140UN7 ---- -0 DLE jENDG: -------- CEIAAER. r-WAER 6 10109 :0/15 Arsar, 'Era 4, C,. AMOUNT 10 J" -------- 0.00 Callow 7 1 015E 'Er—'e-Er eat 1 xi 7L —1 OR ---------- E s �a Sr; a a -^s 'j- S Lair =Y 71E 1 1 Q) 10, ki 96 .......... VENDOR NAME VENO ID. ACCaNT PRCJ.TX-NO BATCH PO.LINE/ND. ENTRY/DUL :`VIE IESGF;IPr JN --- -------------- --------- --------------------------------------------------------------------- Carol Dernis CarolDenni QW -4210-4000 7IC115C 02/467110;'09 10/15 I - 4`_1_-5.1_ 7 �1�4`4671 )C 1-i � IU;'Ur ! o 15 PRR'665 11015C 0144671 10/15 T T,16.0� *0;'1-4040-4000 4 71,0155C 0114671 1'11109 10/15 J1bcZ9605 Castillo, William H. Castillow 7! 'atricart"llepr Asscciates Za­,Icart 2�; i I , — i 0-2497 71015E 01 14 91,,7 *2c;0-4310-6415, 109Q7 7- "!qE Charles Abbott & Ast Inc Dharl2sAbb *601-4510-5502 2 71015L' 011 /4538 4001-4510-~506 01/4539 *C,," 1-4510-55'22 31 /454 ,t4, �. ASC 7-.0 S L-arle-Abb Charle, /,N 10/115 1;./,,,,9 10115 04�,2`e3' i0,,ffy 10/45 )1492)63 "11/09 10,115 149202 1-4,5, 4 .. " 4L�38 5506 4 10/15 I - 4`_1_-5.1_ 1 4 54; 1 V I ­ i)4*"' + 7 JD , - 1,14540 0 09 IOJ4I5 Z -L -,ra� � 2132 ) 71, 12 710155 I - -4 7t= 1:3 71015i' n rtas fJ 30 4,1 Mr IL Secrtry - Pr �: &Rec -C-1/22 r I2 Mn,11Scrtrv-CCnz1 -8/20-9/3 717AL DUE VENDO; - -------- PF: To+;�AL OUIE VENLOF - -------- I : :_-H.J.-Roadway Maint -h� `waymaint-Sept 1— �Qr - ii; iEVlih: ---------- 10/09 10/:5 e furc 1010'910/15 ---------- I AuE 4 AMOUNT DATL NEL ------------------------------ 590. 00 210,00 590,00 Si`..1 . jo 2.50 37 i 901.37 =1 ."0 P�GE 5 � TIME' 10'.55 ;6 "UN V U � � � E R K � G l G � � R 1" L. E T�8L............�O/l5,9�" VENDOR WE » * P�EPAID * * ACCUUMT ��GJ TX�m __—___---_____—���. y/DU[ l��lCE __________________________________________ CE�KlP?�@v AMOUNT Wg� Clayton, Joyce [2aytmnJ1O/L5 54.32 3 71O Co�'il-Para�/ �Ppl�s ^ �`AL PH�PAl% A�CUMT --> 54.32 TO`I_ DI UE VEN80R -------- ---CluoNpt C" aotieet CIbmet *118-4098'4000 4 71015C O1/4969 10�� 1O/15 5�� Interne /�csiteSvc» 2.�0.ZZ 0 - ''-' -> Cuffee Smith CoffepGmit *VO1 4013O'2325 29 rOTAL DUE VEMDOR --''--'> 37.YO Ccamumity Disposal Co. ComU�spc�l *001-4510-5501 2, 710115A. V1/45S5 10/�9 1V/L5 Street Sweep Svcs -Aug 7. 00 »� i'�51V'55O1 � 7�015A 31�4958 �O/S9 ��/�5 't-eetSweepSvc�'&� 2 28: 50 , , T07*L DUE VENO0R ''--'--') 10.480.50 Conrad � Assoc:ates -nnrad *�)1'405V-401V 2 7�O15D i)1/4894 Fr��PrgressPymt'���tSvcs 3.885.�� "AL NUE ''''—' > 3'885.C� D&J Engineering D&JEngine *0014220-5201 4 710115E 01/4726 10/09 10/15 ?6D8'11 KSServ,ces 9/17'Y/27 2V,512.38 TOTAL � V8�0� -'----} � 2V ,512.38 �� Staff DeveLopnonr DCSStaf�e jobTrngPt7rshpMtg-Herrera 30.O0 1O/15/96 00o�����C� *OV1'4010-2325 4 710156 10V09 10/15 rOTAL PREPAID AMOUNT --''> 3O.00 TOTAL DUE VENDOR -'--''> 0.00 Day NightCopyCopY Center \23.Y4 1-4210-2110 701D� 01�ghf /4659 10/09 0/15 5771Photcopying Services-Plng TT 123.94 La ��, Anise ��reD �De � �� 1�/l5 2�7 ������k '25.00.^ ~_ 71O15E 1O�� 10/15 251971���epRefSntrd��k ' VENDJR ----> 5�.CW j Z Ti ............... VENDOR NATE VEMW ID. A M GUIN T �,;TE E K pa� ACCOUNT �"RIOJJX-MG BATCH MLINEM0. ENTRY -',','E 'NIA -1 ----------------------------- --------------------------------------------------------------------------------------------------------- -2 Stefano, im DIL'stefano 4 _AL ."JE VENDOR ---------- 14 amona Par Zus, pess 'SZ ­ -SL�- 1, 11, 7 7t C�' 4 _=5 E "amanc Sa- ­:Is7 *'1,1_43:f1_..14" `6L, 4 140 4 7 5 .00 HL ,7 14 Diamond Ear lrlt2r7aticnal lft e1. 'ies ' *001-4035 - 2i215 4 Il(Ir,C 10,7/45}jv :f;,04 il)FIiI5 'i17-46 Mit; I -Q Mt; Eupp DljE vic3il-OR -------- Diartond Sar Kuwanis LI.A ,BKiwanis Ccnc,Qssr -Con !,-,Pr'rl- -3/ 14 TOTAL DLE VENDOR -------- Lr,liag.cnd Bar Reoevelop7;ert DBarRLIA 5,616.94 *0,01-1315 2, 10/09 10/15 Ad.,fp.ceExpendtres-10/15 LUE vEN.LGR -------- 94 ji.,amona Barf'walnut PICA 2BWalYMCA rlay `a 5-41_-2,`5 2 4 71015E 01/4604 10/09 10/15 ut V,:,jU,R 16 y,•a­.cnc mead strbuticn gimpo" 2 71015E 01/4875 14/L-,9 I ki 31: ETZ, !R -------- 6 rj. 5-evlana y- am 21 p . 4i,..uE rEDZDGR --------1 U 7 .,F . .............i'. &A Fed ral Credit :pion _1A.CreditU +001-2110-1012 2 71015B 10/04 10/15 FF20-Credit Union Deductn '8L PREPAID AUNT ---- 7781- DUE VENDOR __-_--_-) 2,669.75 10/15/46 COCKDO30210 2,669.75 0.00 `til crush ulrls 'Soccer rrush ^ 4( 09 10/115 +�-F'E='AIDa+ vENIOR NAME tom ID. _N? PROJ.TI(-NO BAi;iF'tl.LIt+E/ND. -,... ENThY%'3i;E Iuv�:�E �� �nF'`In_N AN'O�NT DaTZ ------------------------------------------------- ljive"siG ed F'aratransit DiversPara 4 1/4576 IU/C:a it�/11 _ .=3c rtnst54cs-*/1-15 5. 'b 455=-;529 ,4015C 46,00 Finnerty, Annette FinnertyA ?h� ._E VEINMR--------) ?t.00 aonrell Company X133 '1 ,1;1'58 10/15 Re_^eatior Refund 30•, +0;_1-347^ 1.,9 -C'TAL "UE VE"— --------) ^ '0 &A Fed ral Credit :pion _1A.CreditU +001-2110-1012 2 71015B 10/04 10/15 FF20-Credit Union Deductn '8L PREPAID AUNT ---- 7781- DUE VENDOR __-_--_-) 2,669.75 10/15/46 COCKDO30210 2,669.75 0.00 `til crush ulrls 'Soccer rrush ^ 4( 09 10/115 7319!. 1t ±''-.255r:-ii:nlnPrkl/31 66.04 n; ._ v +�, � � -435..n 5 �_ 5 7.ri _ 15C 0f, %493.:2 "l"TAL nUUE VENDOR --------) 46,00 Finnerty, Annette FinnertyA ?t.00 +VF1-4"i0-4100 J' 2 .a`E: 1n r,c 10;1: _,..,,: - 2'-4/25 y� •� _uE VENDOR --------) 80.:00 n, I11. 75 4 ?114�5� i:; 10,115 t1p ; `_.;^:Fr. -Supplies .`� _ _ - - - - - -- 11 .75 =..Ct�1 i ra�slt Fcoth,il'Tr 1,'4 Q c 71, 01 4$01 10/0`7 '' 4 r r p� ._" _ 2 71015A 01/4841 101 0j 15, 944 = =�y"=ares-Sep x•41 _° 4 ` -, 4 7100 0AM1 i0/0`7 -41 6 71015A•t�i,/4W 10/09 :, 5 4 53 71 , , •.f= = ,,_,r.r•-apr YL,e."_ !- a 3 ._--------' 4 - T°Ta ,Q f; , yrc = =, o - -16 1 13 1.. 1 i 1n, 1r ^5=t. _ _ _ 5 �^ _tC .G:. vENLOR NAmE VEMM ID AMCUNT .GATE�Roj ACCOUNT T--No BATM PO.LINE/NO. X -------------------------- ----------------------------------------------------------------------------------------------------------- EN I !DUE rritzal, Kellee FritzalK Painnng -3uppl,es-ComEtr 5 -;LiE YE DOR --------• 7, 35 Jnr :a JI E 4t -iL -------- —46 "A C!"m -43'S 1 - --'12".: 4 104 Z VEIKEOR 09 nia E 1 4 25 IL t'E .E.DR .7!: --'AL UE -------- NCO OTE Cal;or-iia iO 09 10 it Prk )END R It California GTE i 71015C 10/0 icllrii5, e -U -- -------- '37E -Al hernia .7TE 71, -5 It —,4 li P-Nn,DR NAME VENDOR 1D. 7 LJT� ACCOUNT PPO.J.T'X-NO BATCH K.LINFINO. E N ---------------------------------------------------------------- ----------------------------- I ---- ------------------------- --------- len-'ry pr-t4e-- 'nc. Ger t,,4Brns nc A 4�- 50 o n R m c- - - - - - - - or z a: c- -4 DUE N" "; 0 R -------- 3-lear Say •- i a 71� 7 V :C 41 !:FIE" AID AMCUNT ----} n E vEWOR ---------- H,DL, & r!4.lj 15 J. 1 ;'4'-, 42'i' Tax tj 7 - -5 ax - --------- \ 0 1 - 4 0 6 2 1 0 gn r Q t 4 '7i ()L=C 01, 4951 li%/u9 10,115 557, e i t e P o r t folio `41.:x: , 3 lc�G 0,11,481.5 10/o9 i,),, '5 t'9 710150 01/4914 -uE vENDOR Hinjderliter 3e Llamas Hincbrlitr CGI -405"4000 4 71015C QIAM oJog to/154!1j"'o"5 k;7-% 1 st i - lSect., or) UTAL J L IfUNDOR --------- I -cme 1.1'eQu kmeDepot CJ iii. 5 11 Ipp 71.4-1, *i)()l' -4090-2-210 35 I VENDOR ---------- y:mea, MZ 2 *+* 3�a71z'� =ar 'UN T:�'E- �� ���.............��/�5/�� VENDOR NA�E VEM 0. ��'� �'� ���`F`�� LIP ACC8UNT PKDJ.TX�0 8#7O� PDlD�/wo _______________________________---___ ----------------------- �ous on. Lesl�e �ous ���34 vO 1Su.00 t SiEh. Christi- 35� ' 24 71��� 1V09 10/�5 R� »� ���� r � --- �OTAL �,uE vEADUR -------- T ���e lV ����» l»c' 16.24 �01-��O-2�� 2 7N1��ge45ys n* �u/�o�r z��� 1O/15 I2^1S7 ^ Cha,ges'�� 159 0O 'o01'4090'2200 � 7 3-1 :a aint 175.24 lnland E, -,Dire Stage '011 !4961 1O�� 1O/15 0�496 S�sniaDpl��n'Trn� ',75. 00 2 71O1�E���p 5A 77AL DUE VENDOR --------> ' ''Dda»d 275 OO Inland Valley5D\Y 8«\l«t»710\D8�1/451� 1V/O9 1O/15 32�6S9 Bids[merRqpair-SycCynPrk 39.37 nm/-�4v-u1O ` ` 1O/O9 10/15 332334 Ad'U8[ Annual Goal 3l^87 °mr*u�v-��5 `ovr°v�r�/` 71O1^~ ^ 7101~~ 3{�r11 " ~` 1V�9 10/15 3327O6 Bids'lnsta1l��wyT��s 50.62 �1InAL 1,UE VENDOR ----'> 121.86 Irl�d Valley Dly 2ull�n IVU8 Ad Fpl 96-04146 88 ' *Ml '%�O'101O 2\ 7015A 110/09%V15 326hz8 _egai 46.S8 0N1 2�VV-1010 ' 22 7lO�5A �O/OY N/15 32662S --gal AU-Fpl 9*'O21 - x1 23OV-1O10 2� 7\015A 1O/0Y N/�5 326 28 Lega� �F��� �� ' mw �01'230V'���0 24 71015A 0�9 1Oy�5 326628 ��� ��4 �e�a� rm �0 ' r,UE VENDOR ----> 187.50, lnterna 'avenue lmtmr»al�� 0�� 1O/15 ere� �{1'2O20 1 710150 AL �� YEmUOR ----> 3.�v.15 J.E.G. Coostru tion uEGCo s�'« *250 o�x�a4u �if;� � 7��1�� �u�/�� �0/C� 1»/�5 Snsc"�g�gRe:auSv s - - �N TIwE: 1O'55 * ^ PREPAID + * VENDOR NAME VENDOR 0^ AM8UNT DATE :*EC ACC0�l PK8J.TX�G BMT� PLL�E/MD.__EN\�Y/��__l.u_ _—_—_—_--_—___------� _ __ ___�_________________________ _ 21� 1O/�5 rp �� . �O0 �m�'��8 1Y 7z�158 �v/v9 29.00 Jones lntercable -Aneslnter �� 16 71015E 1O/O9 1O/15 30904 �K�PRefSycCynPrk . 7&T 4L DUE VENDOR —'---> 50.00 Ljet, e �ifl6r 1O09 10/15 �2 5KC �s���Svcs'EN 96r144 4 92.5@Klemf *0011-2300-1012 71015A T0HL VENDOR '' > 492.50 Knights of Columbus K»ightsCol 50'O0 +O01'23001002 1V 7\015E 68 SecCepRpfc trugPrk TGTAL WE VENDOR ----> 50.00 L'A' Business our»a1 69.95 �0�-�0,0-ZJzo 2 7�OL�m 01/4889��Bus�cur 10/o910/145 LA44�� Subscription �scription 4Em2CR ---- 5 L.A, County'She'zFf's Det,'.�1��CShe'iFF 10/15 80��8 Svcs.CalvrY 5.559'9� 10/�� _�lv-�m_ac� TOTAL �� �EN�UR ----) 5'�R.9O L A County ��iic ���s �nCpuow» ^ ^ 325 88 *OO1'4331'530O 4 71i -015G O2/4553 10/09 10/15 Y7J0�0�L�14 S�� PA� Main�-�� . 54 Q01 -45F,8-5510 2 7�V15G 01/�53 iV/V9 �O/\5 9700OCC794 �ree water Svcs -Aug ' TO�4L �UE VEnDO� ' `'-> 2,258.42 �,A.Cou ty ruh_c works 4 7101tO01/4573 1Offl� 10/15 86 *001 451� 5�V 2 7101V 0114574\0/V9 lO/�5 �/7�5 �'��as�oSvcs-4ug p72.lY - Liii� E vEND0� —'---> 3,065.1� �� Ce�lular 'ei�mane ��Ce��~�ar 10/5 ' Cel� Phne Svc5'�m �ov 76 7, ' *0O '��0' 125 4 �1O15o 1S�� ' '�`�� �UE VEnDGR ----> 7�.70 'AGE 12 N'^E: U ;55 1,;j1:J."gib CLE 'TNF .c.�.........1 .5. _R PREPAID VENDOR NACIE VEIM FD. AMOUNT 'BATE CHECK. ACC%''NT PROJ.TX-PID Bili[}! f�Q.l.ilE/W ENTRY/DUE INVOICE C!ESGR 'PT, ON n --- -------------------------------------------------------------------------- LA County Reqistar LACRe[ordr ^ ?113156 01/4.53 iU.:'S9 10:15 - -" E:e=t-,SVCs-:i?E-MeasrsD 1?,47ti.i5 i0{i,-464..n - 39',, - -aRr, maria '-joi)2 9 71015E 1'J/;q 10/15 �'7�7t West cin_• -c., - �•i`=F /46:-1'-'- 1 ` 9 Jrf c '�1)1 4i: r_v1J J Il�i1-N i4 ItV y L qw e 4.-. 4:7101.J-:c:J 10/D° iV/;5 'eagUe ._is 4 )e ague or d ..a t ia5_Bcy�iZ - 1.:5. .� OTAL DUE ';ENDOR--------> 17,470.15 Se���pMe+SmtrdgPrk _. - ')0 est laint-Dist 441 2,3150. 00 AL.;,-Aeec Abate Svcs 4,.-14 5. 34 7 - - 1.34 Re 12-00r vEt'DOft------- ) _ e^=trano:,-Law - y 147, Otj 1r ' - -- AMCUNT ----, 14:... Liles. ,-dor' '40. 3L 7 -'Z VENDM D. H ­tr4T BATCH PG.'INEING. t 14 i L - - - - - - - - - - - - - - - - - - - - - - - --------------------------------- ------------------------------ ----------------- -------------------------- -eal- U E 4 a,.nd Assoc' ates -g I -os Angeles County JPC lirtz':Vc *001-4090-2130 10 -!10150 011/4658 *00, -Mo -'2130 �)1/4 58 m 1. '50 t) Los Angeles Ccunty LACIntSvc 4 7101SO 01/4814 -us Angeles County MTA LAOITA 533 4 7 j F .ii�-45533-5K5 4 Jt2. tir., F DO J DUE VEq 156.56 1,)/15 56 r -aase--uly I Af, u- �L 2UE VMIP-------- 20664 10/09 10/15 f:t or E n, rz c t or J. '15 4 4 Ti 'GE 14 r'�UN 7*ME: Q DOR ;SAME VEN VENDOR ID. AMC iA-E ACCOUNT FPFlCJ.TX-N0 BATCH PD.LINEIN0. ------------------ -------------------------------------------------------------------------------------------- EN. z Jr i N - --------------------- - *o.01-3478 1.4 lcj, 4Er-e3tion Re�i nd t( m i ­0 Y llart ez _Er—,i0 *0".1 - 21 01 0 - 100 00 McCreary, Cynthia L. 2i=0 Re—eatl -unc 0 *001-3475 30 71"D158 '- E VENDDOR-------- ft Adu AL Medde, Shelly 21-3 i0/09 10/15 Recreation Refund 47.00' *001-3478 16 710158 TOTAL i.GE vENDM ---------- 47.00 *Ieaina, r-Adul ec if" aR 10/09 10/:5 mtg-9/26 40.0'0, T�ff -------- 40,00 er "malting er, mag 7 0+144'•5 10', 15C, 10/15 6 -2110 iL NER -------- MlrKIR EQUiP- ftWleRec QCT 41K---.,410 2 71015001 /4135 10109 10l'5 41 24. vENICI' 4.6 -la-cml 'ar cm", �l W L e, Re" wL-------- 'DR --------- ) 4K 15 ACCOUNT PROJ.Tx-Na BAMI,-M.LX/ND. --- -------------------------- — ------------------------------------------------------------ ENI RY:nd :,klk' p 7_1 L14'C. NeAlILIS, Lla-a 21 Y. � 24 4,001-247D 0 15B Pec-eation Refund Nelson, Mike NelsonMike 11 71015F !01/09 10115 C., !Do 0 W6 147.234 +qOl-4096 -23 )30 71!� i 5F 11 Or"09 10 C cl, c C0714-0 !"25-09i';- 31 2-C. 15 Nextel Communications Nextel :;JE VENDOR-------- i70.32 Nienerheim, Dona :14 *001-3478 -1 26 71015b 2---.ati n R und S4.00 7AL 2i E VENDOR -------- ,NiIE-., Flerri L. vilesr' 00 11 -21 3 0 0 0 2 14 7I015E 5 -Q-4 -4 e - L; -pR .yr,.FrL, VE,qDLIR --------'i 'J*rcm 1-43C -21 d, O"A 44 10il7 6C21'r4 ScrtySvs-S c-mPCym-Utc,Nv,Dc 1 4 - 7-3!'13 01/14644 1•C,"'09 10/15 ilrm-�vcsF-eHrtqe-I2c NY Dc ff Il 4C:4-2126 5 32/4644 10/09 10/15 6k 22 'J"OR -------- 2 vGrr;s4lI'ape.e inc. Nomis"k 4':,S. 24 6 6 710IN 01/3754 10/09 10/115 �-45- - 6 3 710136 -o2/3754 li'll 15 9 J? 0 1 cl vcs -vt-.; i ndr -9 U ur -,ebb,/ TiconnerD DOR - --------'t X) -ttd� 7i ll� Er, 7!' i 71: e j� ...... UN 7ME: 1v t-5 .if 1U,'; _ v = .• ............. E : f: VENDOR NAME VENDOR ID. ACCOUNT PR'OJ.TX-NO BATCH PO.LINE/NO. ENTRE /DUE 1N'Y0 E GESCRIP•1ON AMOUNT DAZE ----------------------------------------------------------------------------------------------------------- -.yciFic Time Recorder PacTimeRec itU�JI`$E)`'!)- G�h 1'' ''1'•l: L 'JI,'"4"' 1U(l'? 1Ufh I_ ;ji) TicettampRepa:r--m '47.4- I HL 7.4IHL WE V'EN;OR --------} -48 _.-347S Payroll -Rey �c*les __:} vr^ wo *00'1-4090-21- 4 Flrint:ng Llyna*,: Ft0 2„r. t1av !4;326 .. -401L- 1.V � !1. Prudertial Service Bureau PSBI xt;' 4a,4 1 71015E 1 710158 Public Empl Retirement -CPS *ot”;1-21110-1043 3 71015E *001-21110-1008 4 71jB 1" _ _ - _ -= •-M+fir• :.,'"ji) T -y; -:,lE t 4,, 30 1S;:t a •1?1`: 1 Trans er PF i:• 4, 'i,°210 210/15/tih f)Ij�l:1 j_ —A AM rsNt ---- f4, t..i).li`; TI_TAL DUE 'dEPiD R -------- 0 " 1149::,G^y � 1!_, 1 ;7: _ _ P-st-i;a+la�}'F,n 1{21 10.ri5 444T P'?t Dieing '"a; njj e ;nt1 :Jrt ^_TaL 'L,, -:E VENDOR --------} iU!UQ 10/1:, il'Jb'� �'r_yausi.rds-fuCuuncit-'``•"�-} 'AL _0E VENDOR --------1 10/139 l0l1C .41 '+ .LP^*al ''rPilul^,5 --i v 10109 10/15 !c `i:sion Premiuffts TAL PREPA?i AM0UNT ----! <,77._'t 717AL ibE VENDOR --------} 013 QP19-Retiremer:t Contrhtns _,6,86.0 !"':i'39 '39 10+`15 -RPt'rPTPnt 'ntrhtl5 ,3(7_._'2 1, tic TOTAL PREPAID AMOUNT ---- S. AL 21JE VENDOR, --------} iJ * 4# C t ^+ D 3 m 7^ 1 E r 4 RUN i'"En 110/'b: N 2U,E" THRU................ --GE 17 vENDOR NAME lowIII. rRO.!.T1(-Nti F�Ei.LtbE/1d0. ENT^,Y"DUE INVOICE CES R FT10N AMOUNT aT` CHECV; gar a� AMLINT T -------------=?+'-------------------------------------------------------------------------------------------------- Raging Waters FagingWate 71'v'lin i.r '.,;495« - ;;L '.,JE ','DNDOR--------> a: .,h ajpara; iF0i11-J4_ - 71':'1Ju 444E-2.40 ards is -m, *(.:!11-2_hl-l;; RL YENL­Lj'R N0E VENDOR TZ,., PATCH PO.L.13EMC1. 7,; - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - ------------------------------------ {,-4`5. ----------------------------------- 4'551 - C 4 2 - - - - - - - - - - _,zib ' rel vl,, 7-­jqe -7 1, -.-,e 0 7 olo 7 ".1 IT 37 2Q 3L lc 4 36 San Gabriel tl',Ty 7rii,;-.r)e L iik) T Un e 1 -404 -21:5 6' 7 1 Cl 1 01.14512 5F 5 'Q Le,-RAd-PkwyTreesDids 71 r . . 07 0; TAL DUE VENDOR ------- --- 5.3rinana, PEgina F. -347 - -clastil :��hcl ast ic P—t tr +drpSea} SharpSeat 71015F 01/4761 ---------- V 'c zher i f fiEmp 5F 4 ,-kL,'N r !IME , 1 55 1 T VENDOR NW VEMM ID. ACCOUNT BATCH PO.LINEINo. ENTI,rjj --------------- ---------------------------------- - ------------ ------------------------------------------------- ---------- Sillart & �71mal � ..; I SMart&Finl +125-4215-11200 4 '1015F 01/4646 2-5-4-215-1,200 '":45F' *1125-4215-1200 10 7 10.1 5F 41/4646 1 25-42'15-1200 1 71111 tF :11!4-46 , D -1 5-4215-1'204 3 71015F 01/4646 ,QuthWest Airlines saut"West �uPP112s-Senior Program Southern Ca. Edison LlLaEo i son 0 1 5t'- #1101-4i1� 212h3 "15F 4001-43t4-2121,1 -- CY-i I - 4316- 2.126 2 7iU15F *001-43l?- " 11 267 i:'l c; 3K'01 -432-?----,i.-L,6 71015F C 4325-= -2, 12 71 15F `0,011-43 28 - 2 126 7 -OC`1-413' 11-2126 2 710 =F jude ledical Center StJ=eM.ed 1 - 230u-100= 117 71'A,A�- 4 ilii - " L -1 -."L0 47ioil-!D --Igntl:na Sports 1,00 1 - 4a V3 - Cl-� 1 -431 -:- 2126 Stftiffitin 4 71#13F 3 71011t 24 -3 1 7101 6 SDCZL',;as ix.'09 10.115 10/0 10115 10/09 �ar- Man ------ 7 C DU-iENODIR - ----- z urow Par?: cc -r C Fr. L l2ctric `vcs-Reagan =ark —6:'rlC Svc.—Starsh.ne -!fectr,.c Svcs-Qumitrd, ge vn ]E Equip HL vE:4,0IR -------- T� 4 44 zeri I Or F r o g r up" --les :;Er i �r 1u/,11, '0 15 les-Semor Program itj09 508764 UPP' 12S -SERI ar Frcgraff, "j o9 10/15 e 6 �uPP112s-Senior Program 17, 'J'AL L'E VEN-10F -------- -- ix.'09 10.115 10/0 10115 10/09 �ar- Man ------ 7 C DU-iENODIR - ----- z urow Par?: cc -r C Fr. L l2ctric `vcs-Reagan =ark —6:'rlC Svc.—Starsh.ne -!fectr,.c Svcs-Qumitrd, ge vn ]E Equip HL vE:4,0IR -------- T� 4 44 RUN TIME: 10:55 *#* Cityn 10/10/96 ot. _amEar #4# v' D U C u E R' REG IS E R DUE THRU........... ..'0Ji5.'?' "AGE 'JEmm NAME 1! ID. ACCOUNT PROJ.TX-W BElti ll�,t.I�EJM10. T ENTRY/DUE INVC,ICE FMC,TP'TON # # PREPAID # # AM tfN ----------------- ry ------------------------------------------------- _ The Space Place TheSpacePl *001_4350-2140 6 71015F 01/4749A 10!09 101115 103993 r:rtabie Rntl-5yd'yn DUE. VENDOR ----- Time Out Personnel Svc. TimeOut *001-4040-4000 j, 7101,5F 01i .48S8 10,1 9 10/'5 1-,p_ves-Receptnst ,x/13 764. 41101-4050-4000 S 71015E 01J4E?? �i)9 1'!;15 i59t7 -o :c -5r tcctnt 0+/11-13 3S Tf,Y .,, -.; . -------- ower i.^,dustriai Medical 'owerindus *001-4090-2245 4 ,. 5F ;i i 4 lliE ',=;tiiiOR-------- i 00 Traffic Ccntroi 3perat,,m Tr,aff_[,,p *250-4510-6411 11696 9 71015E1 i v, J 1{;; � 42_;6 r,1criSYgs 6u::e ' n Retentn, '1 '1 69. 1.10 r''! AL ilE VENDOR -------- 1,1_, n . ;0 Trueline rueline *001-431_:-6410: ' 2 7101:iE 01/48^' Gt '15E 0 'i, 9 iGJiS 1140 r fi5r't L 5nL31Crt-Mp1Ni1 i, 1,4/',4,.11, 4001-4:'42-� 4�0 iy "/4828 '0/09 10/15 7141 Rsrfc6sktBlCrt-RnReg 1,450.00 TOTAL :UE :rENDD?--------! Tsao, Je y 01:_0 Y4U1-?473 7? 710158 10109 10/15 ^:ec,eaticn Refund 25,;!; TOTAL DUE=)ENDGR--------> '..A iye, t5teven ;yeg *.ii;1-4:;50-4�+I00 � 1 71015D /09 14115 1 _Ch Extension dr-------- 11iitalp t 11-4,310-2:40 2 71015F OlAin 10109 10/15 o-,tractSertinar-Bensley 144.:)x; `uTAL 1111E VEl,DOR--------) 144.00 rbar, Design Saudi+js ;rbanOesig *001-4210-4250 2 71015E 01!4545 '10/09 10/15 9/E' o6 f'rofS'vcs-Jun27-Sep 'S 13,440.00 7-1 iulk LUE VENDOR --------) 13,440.00 =1N ICE: S. n c a s �.1 !4GE _. VENDOR NAME VEMOR IO. ACCOUNT DRGU.TX-IYE7 BATCK PB.LIDE/N0. EN P!%[UE '�. _- ---------------------------------------------------- ------- - ---- -----------------------AMDJP=T-- DA NE -i- - - -- _r=an 'v'ision JrbanVis 7' Svc S '312' �-IJt - - c1�t�4tiiJfl' :.':11t `i.y diatef -i_t w'iPldter�ls - li ; 4a tr Usage-Kroar'ark Qi 37 1-p 16-12i216 !y 4-Ax+er #i0i0 ni :sage -Maple Hill Pk '- 1 .�i1 ..L -7 -t. _ •1 111 lL Water,v5a e-�et2/` g son Prk ' , 4a g .4a er =age-Sur,trdgeprk 4 ;� l Wafer usage-5ycmreC.ynprk7. 2,t -4 ".UE VE`MR--------; Walrut Viy Water hist w'vJaterGis 7" c_ :U1JU Walnut Viy Water Dist WVWateruls *138-4533-2125 3 71015D Walnut Vly Water Deist WVWaterDis ¢141-4541-2126 7!915D West Coast Arborist Inc, WCArbor *001-4558-5.509 5 71015E 01/4621 #001-4`58-5509 4 71015E 91/4621 *001-4558-5509 8 71015E 01/4621 Wolf, Jacob 4 71040 Wrlgt, -auar ahtP *0;A-409"-4000 4 10,•'09 10/15 10/99 10/15 107'09 10/15 Water gage -71st #I.W 8,;12.33 T._AL CUE VENDOR ---- ----) 3,01'2.33 Water Usage -Dist t38 7,845.72 T9TAL DUE VENDOR --------? 7,345.72 Water Usage -Dist #41 715,61 T.DTAL DUE VENDOR --------? 10/09 10/15 11384 Emerg'allaut-LongviewAv 10109 10/15 12386 Tree Mtce Eery 8/31 10/09 10/15 11394 EmergCallout-GrandAv '''3TAL DUE VEKOR -------- 2,505.00 10/09 10/15 ^a'rar�ac^aa t:., Ref;;nd-fiRHf`Cls 16. ,z ---N' — i �L _ut VENDOR ----- ? i 6 00 lf0/i)q 1x/15 101" � *'* CzLv o� �-'IJG�amc�� Ba �** � 7lnE� �0:55 �0/1�/96 , �� THP;i~0/15- pAGE 22 VENLUR IIAME ACC0MT Y/DU[ INVOICE DE�RlPTI0v * * PKEPA�� * * _______.=".. �- AMOUNT DAT[ CH�z - ^ xaviersFlo wmz-4V�5-l�W lo/l5 �!13/Y �l�wp-s�� Mtg.�nll,Papn 12.f9 --TAL E VENDOR ----> �aa� *(D01-2300 -1002 13 71015E 1O/09 10/15 299l�7 ==�PRePtrsonPrx 50.W TCTAL DLE V[mUO8 ----> 50.00 �t=.y, ��die 21134 WO1'34}8 10 70l58 10/09 10/15 Recreation Refund 30.00 r3TAL DUE VENDOR ----> 30.00 /usemite ;4aters ,usemNater *001-4350-1200 m0l�310-2 3O 12 71015E 02/4640 10/09 10/15 Augu32645 SLpplies'SycCynPrk 42.60 mm/-*ou+Z130 16 71015[ 01/4640 1V�9 10/15 Au9058292 �mip8ant-�cCynPrk 12^OW =w1-*^no-z�m 12 71O15E O�/4640 10/09 �v15 �g1OO4Y8 �Lip�nt-SycCynPrk 5^*0 �wz-�1�213O 8 7|O15[ �y4640 10�9 10/15 �g1OV4Y8 Supplies-SycCynPrk 65^70 m@1-435O-1�N 14 71015E 01/464O 10/09 10/15 JuiV32645 ���Rent-��CynPrk 12^OV 1O 7�O�5E O2�64O 10/09 10/15 Jul32645 SupplIps-�cCyoPrk . 42^64 TOTAL DUE VENDOR ----) 179.90 Yosemite Waters /osemwotpr �oV1'431C'2130 13 71015E 01/4641 10/09 10/15 Auq0382; Equ,pReot'HrtgPrk 7 O0 ^J0l'4314'120O 4 171015E 02/4641 10/09 10/15 Awg05629- �uppI ies-nrtg�rk 68'43 7:- -1 '0E VENDOR -----'> 75.43 in, Ruth 2125 *0C�-3478 18 71V158 10/09 10/15 �ecreotion Refund 28.0O A -u; vENDOR ----> 28.0O .. '` ^ ~^ rC'�� �oE�AID -----'> 78. .42 ��£ -------'> ------} ��,59.�� JE 1 HPL DISBURSE 33,1 Zr 7 : -_ : ED T W -�C77 '��jQ D TOTAL DIRECT PAY EXPENSE REVENUE -7 -------------------------------------------------------------------------------------------------------------------------------------- Prop A­arsi, F 15,757.62 _2 3eneal Find 4 7 7-17 :42, LLAD #39 Fund 14 27; :6f) .,"4 UKU Fund� 37. 12 2 Fund Air Quality !7;p -C 141 LLAD #41 Fund 3, 665, LL A III, K8 Fund 09 ------------ ------------ ------------ ------------ �LL ------------ ------------ ------------ ------------ Aew CARL WARREN & CO Insurance Adjusters Claims Administrators P.O. Box 25180 Santa Ana, CA 92799-5180 (714) 740-79M FAX: (714) 740.7992 TO: City of Diamond Bar %-a 0-1 Attention: Tommye A. Nice, Deputy City Clerk r� Re: Claim: t Claimant:`9 Jill McKinsey D/Event: 7-19-96 � Recd Y/Office: 9-9-96 Our File: S 87513 AB r We have reviewed the above captioned claim and request that you take the action indicated below: CLAIM REJECTION: Send a standard rejection letter to the claimant. Cj CLAIM INSUFFICIENCY: In accordance with the telephone conversation U.I. 19 , a notice of insufficiency must be mailed to the claimant no later than MUST BE MAILED TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPT•OFTHIS THE ORIGINAL CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION" LETTER. See Government Code Sections 9 0 and/or 910.2 and/or t] AMENDED/SUPPLEMENTAL CLAIM: Send a standard rejection letter to t e claimant, refecting t is additional/amended claim. LATE CLAIM RESPONSE: Return the original claim material to the claimant, a wising that the claim is late and that their only recourse is to file a written "Application for Leave to Present a Late Claim". (Retain copies in your file.) THIS MUST BE MAILED TO THE CLAIMANT WITHIN 45 DAYS OF RECEIPT OF THE CLAIM IN YOUR OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code Section 911. Q APPLICATION REJECTION: Reject claimant's "Application for Leave to Present a Late Cl -aim". See Government Code Section 911.8. 0 TAKE NO ACTION: Defer any written response to the claimant Pen ing our urther advice. IleYouase provide de us with a copy of the notice sent, as requested above. y questions, please contact the undersigned. THIS SUPERSEDES OURS OF 9-15-96. Very truly yours, cc: SCJPIA CARL WARREN & COMPANY A duster) -JA. w1 -U,� DAMAGES TO PERSDN OR PROPERTY INSTRUC„^T IO:Vf i 1. Clilms for death, Injury to person or to persmai proper:' must be filed not later than 6 rno;, after the occurrence, (Gov, Code ;iec. G112) 2. Claims for damages to real property must be filed not later than 1 Year after the occurrence. (Gov. Code Sec, 911.2) 3. Read entire claim before filing, 4. See page 2 for diagram upon which to locate }},lacy of acc_dent. 5. This claim form must be signed on page :: at t ottc,m. 6. Attach separate sheets, if necessary, to give full cetails. SIGN EACH SHEET, 7. Claim must be filed with City Clerk (Gov. Ccde Sec. 915a) To: The City of Diamond Bar Name of Claimant -----_ J'//�i�,vs6-1 Home Address of Cla�' ant y0�(o XL/ Citd State Business Address of Claimant —a— -- —_�- City and State Give address to which you desire notices or communicat..ons to be sent regarding this claim; FOR r IL2 G S7AIMp CLAD -- e Cho _ 3 ^• n Age of Claimant (if natural person) �O Telephone Number Business Telephone Number now ata DAMAGE or INJURY occur? Give full ! %6, S ~ Particulars. 6, , 2 �-_ c ry /� 2d.tIT p ! �J r) %DW , f>L/ S cr4E Wnen did DAMAGE .,r TNTT„ate, vive Iul! particulars, date, timeime o�-”' 191 9 � � &V6-Ul•vG- Where did DAMAGE .. T-., Tov street names and addresses and measurements from landmarks: on diagram an reverse side of this sheet, where a PProPriate, give What particular ACT damage, if known: - ' "v YOU ciatrn caused the injury or damage? Give names of City employees causing the injury or What D WLGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed.;r2r47�i61 OA -f -1-he /god t.J ;AJ b S tf i G Ta Ttf� «'flat AMOUNT do you claim on account of each item of injury computation: � �or damage as of date of presentation of this claim, giving basis of G.. rcmr�w. -�•� runvur r as far as known you aim on account of each item of prospective injury or damage, computation: L ry q�0 2.9 giving basis of THIS CLAIM MUST BE SIGNED ON REVERSE SIDE Insurance payments received, if any, ar. .imes of Insurance Company: Expenditures made on account of accident or injury: (Date—item) (Amount', Name and address of Witnesses, Doctors and Hospitals: 1,4--J -2,1,044 For all accident claims place on following READ CAREFULLY accident by " accident and la showing house nwing di rrdistances estofsetstreets, including North, East, South, and West; indicate place of If City Vehicle was involved, designate by letter "A" location of City vehicle when or your vehicle %%hen you first saw City vehicle; location of City vehicle ai time of accident b vehicle at the time of the accident b You first saw it, and by "B" location of yourself NOTE: If diagrams below do not fit the situationhattachthere, Of Pact by '•J{,�� Y "A -I" ar+.d lcca±ieR co proper diagram signed by claimant, FOR AUTOMOBILE ACCIDENTS Signature of Claimant or person filing on relationship t�laimant•_ _ CIALMS !"LUST BE FILED WITH CI CLERK RK FOR OTHER ACCIDENTS 915x). cae.4(4 Date �at419 W '° L N II T V L E Y A U T O 'U !)The 1 LAST VALLEY BLVD, B O JJ y A ) Mark OE Exeelleuce- T O W i 1r WALNUT, BAR$ AB !1'7£445 CA 91789 Tel Tel; 9091598_1113 Member CtJ1 Enamel Finish 818; 9-;•� . _ Autorobot Align =' x: 909/598-0354 D�1aE REPORT No 41794 Owner ;.;rp 1P15F.Y, JILL 8/28/96 Addles Vehicle HONDA 94 1 t f �' IP •' T: iT IOND BAR CA Model ACCORD EX Handler Phone i 91765 Lic No 3JWR249 Adjuster EJ21„L1<� 13 Color. WHITE Phone Mileage Date Adj' VIN JHMCD5652RC10F,915 Orig Date Claim No Deduct _�at- Description Ro No Parts Labor Ref Mat '�1"' PANEL Sub (,r`7,ORSAND AND POLISH 2.80 50.40 RMATCH 1.00 R ;'AR 1. C' o 0.50 ORIGINAL ESTIMAT— Ej-����I' j..... -80 uf:lts .. L.:,:1 {IO i is 4i1 T'hanY,-«ou for choosing l c?.1r 'eol k is Walnut_ Valley Auto Body! � guaranteed t:li- v. hiclFa. Parts throughout 1 Dur ownership of prices are 1. i.7d a danrlge found during subject to invoice and any repairs ror-,asaltaton with will k1e repaired only you the vetlicle owner. I ` ATI1 —UOTE 1964-96 v7. 06U WALNUT VALLEY AU•f0 BODY A14D TOWING atTV or OL&MCND DAA AGENDA REPORT AGENDA NO. "o 4 T0: Terrence L. Belanger, City Manager MEETING DATE: October 15,1996 REPORT DATE: October 9, 1996 FROM: Kellee A. Fritzal, Assistant to the City Manager TITLE: AWARD OF CONTRACT FOR THE EMERGENCY REPAIR WORK OF SYCAMORE CANYON PARK CHANNEL SUMMARY: At the City Council Meeting of September 3,1996, City Council authorized the advertising of bids for the repair work of the Sycamore Canyon Park Channel. Bids were received from seven (7) qualified contractors that were opened and publicly read on September 26, 1996. The lowest qualified bidder was Gueno Development Company. The City has received $27,147 from FEMA for the project The CIP budget had anticipated $20,000 from FEMA, accordingly the CIP budget needs to be amended. RECOMMENDATION: It is recommended that the City Council award the contract for the repair work at Sycamore Canyon Park Channel to Gueno Development Company, the lowest responsible bidder, in the amount of $30,963, plus an additional $1,500 for an contingency amount of three percent (3%). In addition, amend the CIP budget to reflect the actual FEMA reimbursement received. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) X Bid Specification (on file in City Clerk's office) Ordinance(s) X Other: X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been X Yes reviewed by the City Attorney? —No 2. Does the report require a majority vote? N/A Yes No 3. Has environmental impact been assessed? _ X Yes _ No 4. Has the report been reviewed by a Commission? Yes X No Which Commission? _ 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: _ REVIEWED BY: DEPARTMENT HEAD: Terrence L. Bel er Frank . Usher Rellee A. Fritz City Manager Assistant City Manager Assistant to the City Manager CITY COUNCIL REPORT MEETING DATE: October 15,1996 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: AWARD OF CONTRACT FOR THE EMERGENCY REPAIR WORK OF SYCAMORE CANYON PARK CHANNEL ISSUE STATEMENT: At the City Council Meeting of September 3, 1996, City Council authorized the advertising of bids for the repair work of the Sycamore Canyon Park Channel. Bids were received from seven (7) qualified contractors that were opened and publicly read on September 26, 1996. The lowest qualified bidder was Gueno Development Company. The City has received $27,147 from FEMA for the project The CIP budget had anticipated $20,000, accordingly the CIP budget needs to be amended. RECOMMENDATION: It is recommended that the City Council award the contract for the repair work at Sycamore Canyon Park Channel to, Gueno Development Company, the lowest responsible bidder, in the amount of $30,963, plus an additional $1,500 for an contingency amount of three percent (3%). In addition, amend the CIP budget to reflect the actual FEMA reimbursement received. FINANCIAL SUMMARY: The Channel Repair Work is included in the Capital Improvement Program and is partial (75%) funded through FEMA reimbursement due to storm damage. The CIP Project was budgeted for $30,000, $20,000 from FEMA and $10,000 from General Fund. The CIP budget should be increased to $37,147 - to reflect the actual revenue and anticipated expenditures. BACKGROUNDIDISCUSSION: Due to the Winter storms of January, 1995, the channel located at Sycamore Canyon Park was damaged in several areas. Due to the damage, immediate action was taken to secure the pedestrian bridges. The Channel Repair work is the necessary corrective work. The repair work is scheduled for thirty (30) working days after the Notice to Proceed. PREPARED BY: Kellee A. Fritzal Assistant to the City Manager KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and the City Attorney, by and between Gueno Development Co.-, :Inc. hereinafter referred to as the" CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the City's request for proposals, bids were received, opened and declared; and WHEREAS, City did accept the bid of Contractor Queno Development Co.. Inc . and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment and material for the Sycamore Canyon Park Channel Repair in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Sycamore Canyon Park Channel Repair in the City of Diamond Bar. Said work to be performed in accordance with specifications and standards on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to complete his portion of the work within thirty (30) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in 1 the amount of one hundred ($100.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. TNSTTRANC.' The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full compensation insurance for all persons. whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) . . $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. c. 0 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in a form satisfactory to the City. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 3 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE.: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is. required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diof wages are on file in the Office of the City Clerk of the City Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are availableto determ inationsa to be poson tedsat City also shall cause a copy of the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6_ HIP EMPLOYMENT- In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in 4 the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of.his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any sub- contractor under him shall comply with and be governed by the laws of. the State of California having to do with working hours -set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty- five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 5 8. TRAVBT, TRRTRTF*rnz� PAYContractor agrees to travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S r,TARTLITy• The City of Diamond Bar and its officers, agents and employees shall not be.answerable or account- able in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the Contractor, of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, Political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly.pay any judgment rendered against the Contractor or City covering such claims, damages,, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against 11 the Contractor for dams Of or in connection wet2,°r other claims arising out activities of the Contractor here work, operation or agrees to under, the Contractor incurred by Pay to City and any all costs and expenses with reasonable attorneys, or proceeding together SO Much the money virtue of the contract as shall be to the Contractor under be retained by City until dispositionnhasebed necessary and by or claims for damages as aforesaid. of by City may such actions 10. SCR employment of persons u on NO discrimination shall be religion of such P Public works because of the race, color the violating Persons, and every contractor for Color or g this section is subject to all the violation of penalties imposed forka accordance with the1On 2' Part 7, Chapter 1 of provisions of Section 1735 Oftsaid Code.Code in Labor Cit11. �pRrr� Contractor for furnishing all material and doing shall pay to the Contractor sl pro set forth in the Price Schedule tin he Prescribed work Poral dated September 26, accordance with 1996. 12* $�gNgy �.� FFFe proceeding is brou ht `"�` In the event that an Provision of the Agreement, by either party to enforce an action or over its reasonable attorne greement, the prevailing part Y term of Y's fees and costs incurred with respect cthereto. 13. This A upon the giving of a written "Notice may be terminated b least thirty (30) days Notice of Termination�� Y the City said notice. Y Prior to the date of to Contractor at In the event of such to termination specified in be paid for services rendered and expenses Contractor shall only to the effective date of termination. necessaril rmination. Y incurred prior c:\we\lindakay\agree-94\slurry5.808 7 IM MITNIC" WKERPOF* the Parties hereto Presents to be dulY �cuted with all Che fo caused these on the respect'" dates set forth opposite �alitiea required by law their signature.. state of California Contractor's License go. A 491187 10/11/96 C• VICE PRESIDENT AND GENERAL AGER T TLE CITY OF DIAMOND 8jkR, CALIFORI9IA By: MAYOR By: CITY CLERIC Date Contractor's 11usinees Phone 213/748-5664 8aergency Phoma at which. Contractor can be reached at any tits PAGER 9213/508-6725 APPROVM As To FORK: Date C: ""%I iwwyr�y�w-N�flrtep5.1V� e CITY OF UTAMONU BAR AGENDA REPORT AGENDA NO. � TO: Terrence L. Belanger, City Manager MEETING DATE: October 15,1996 REPORT DATE: October 9, 1996 FROM: Bob Rose, Community Services Director TITLE: Award of Contract for the Planting of Parkway Trees in the City of Diamond Bar SUMMARY: On September 17, 1996, the City Council adopted Resolution No. 96-62 authorizing the City Clerk to advertise for bids for the planting of Parkway Trees in the City of Diamond Bar. Bids were received from six qualified contractors that were opened and publicly read on October 8, 1996. Bids ranged from a low of $8,814 to a high of $22,430. RECOMMENDATION: It is recommended that the City Council award the contract for the planting of Parkway Trees in the City of Diamond Bar to Green Giant Landscape, the lowest responsive bidder, in the amount of $8,814, plus an additional amount not to exceed $1,500 to serve as contingency, if needed. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinance(s) X Agreement(s) _ Public Hearing Notification _ Bid Specification (on file in City Clerk's office) X_ Other: Bid Opening Results EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes —No by the City Attorney? 2. Does the report require a majority vote? X Yes —No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments; REVIEWED BY: City Manager Assistant City Manager Community Services Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 15, 1996 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of contract for the Planting of Parkway Trees in the City of Diamond Bar ISSUE STATEMENT: On September 17, 1996, the City Council adopted Resolution No. 96-62 authorizing the City Clerk to advertise for bids for the planting of Parkway Trees in the City of Diamond Bar. Bids were received from six qualified contractors. The bids were opened and publicly read on October 8, 1996 with bids ranging from a low of $8,814 to a high of $22,430. RECOMMENDATION: It is recommended that the City Council award the contract for the planting of Parkway Trees in the City of Diamond Bar to Green Giant Landscape, the lowest responsive bidder, in the amount of $8,814, plus an additional amount not to exceed $1,500 to serve as a contingency, if needed. FINANCIAL SUMMARY: The planting of parkway trees is included in the Street Tree Maintenance budget of the General Fund for the 1996/97 Fiscal Year. BACKGROUND/DISCUSSION: There are 89 trees missing from established tree -wells along the major boulevards in Diamond Bar. This contract will provide the labor and materials to fill those empty tree -wells. The contingency allows for the possibility of planting additional trees, should the need be discovered, while the work in this contract is being completed. The contract work will be completed within 60 days of the award of contract. PREPARED BY: Bob Rose Community Services Director AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between GREEN GIANT LANDSCAPES INC. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR GREEN GIANT LANDSCAPE, INC. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Purchase and Installation of Parkway Trees in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Purchase and Installation of Parkway Trees in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated 9/17/96 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated October 3, 1996, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within 60 calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of one hundred 0100.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance City of Diamond Bar Green Giant Landscape, Inc. Purchase & Installation of Parkway Trees required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; City of Diamond Bar Green Giant Landscape, Inc. 2 Purchase & Installation of Parkway Trees 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are City of Diamond Bar Green Giant Landscape, Inc. 3 Purchase & Installation of Parkway Trees making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub - CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities City of Diamond Bar Green Giant Landscape, Inc. 4 Purchase & Installation of Parkway Trees of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated October 3. 1996, in the amount of $8,814, plus a contingency of $1,500. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. City of Diamond Bar Green Giant Landscape, Inc. 5 Purchase & Installation of Parkway Trees IN WITNESS WHEREOF, the parties hereto have executed this Agreernmmt with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License f�N"o�t. kfrmQ X31 S _ PIR IM S T VtL F Date By, TITLE" CITY OF DIAMOND BAR, CALIFORNIA By: Date MAYOR ATTEST: By. CITY CLERK Date CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time APPROVEO AS TO FORM: CITY ATTORNEY Date City of Diamond Bar Green Giant Landscape, Inc. 6 Purchase & Installation of Parkway Trees CITY OF DUMOND BAR BID OPENING LOG SBEET K - BID OPENING DATE: October 8. 1996 4:00 p.m. PROJECT NO.: Purchase and Installation of Parkway Trees BIDDERS NAME BID BOND BQ AMOUNT keek-p- 10,r n &S a rd �O �o �q3. 7`1 0 �. dol- Yrs Lo rtc)s c e•,o <.. I n c_.- lQ 2.2 � �I 30.0 0 �- Lord scef. Ing, �' I.�I�s�Ga la dao_ 00 �,, ACaU/a4 nd s'c c, 4- , /010 City of Diamond Bar Purchase and 12 Installation of Parkway Trees SCHEDULE OF PRICES FOR THE STREET TREE PLANTING IN THE CITY OF DIAMOND BAR In accordance with specifications therefore approved by the City Council of the City of Diamond Bar the undersigned bidder is herewith submitting the following bid prices for the performance of the entire work as described in these specifications and attached drawings subject to this furnishing all materials, as described in Exhibit "A". Item Unit Item N% Sim Description Quantity Price 1. 15 Crape Myrtle - Red 53°O oa /I►QW `T JL) Uu gallon Lagerstroemia Indica "Red" Planting in place per specifications 2. 15 Crape Myrtle - White 3°O o� gallon Lagerstroemia Indica "White" Planting in place per specifications 3. 15 Crape Myrtle - Pink 3 gallon Lagerstroernia Indica "Pink" Planting in place per specifications 3. 15 Canary Island Pine 9 $;'Z�" --� �� ��� °u gallon Pinus Canariensis Planting in place per specifications 4. 15 Red Flowering Gum 4 - ©" gallon Eucalyptus Ficifolia Plant in place per specifications 5. 15 Jacaranda 5 gallon Jacaranda Mimosifolia Plant in place per specifications 6. 15 Pittosporum 2 gallon Pittosporum Sop. Plant in place per specifications 7. 15 Brisbane Box 9 n F gallon Tristania Conferta Plant in ,place per specifications 8. Various Remove Dead Trees 6 5 0° eu ► .� �' City of Diamond Bar Purchase and 12 Installation of Parkway Trees Item NJL 9. fir) Description ,35" x 35" Tree Well Covers Place Per Specifications 60 day tree maintenance period Quantity 9 Unit Item price Total OCO 3 Lump Sum DO ,Do Grand Total $ V 1 00 Total Bid Amount Written In Words: Yk %a ? �� Bid Submitted Date ���-�(,o Company Name l �O 9%T art l`� i, A n r L ilk V-% VSGR�7- /.OuC . Address City LR YMCA— Zip (0) Phone (3/0) lO�o ' CO aO g Fax 7 /y`q ) t0 -ro- O -A(:) Signature City of Diamond Bar p0 Purchase and 13 Installation of Parkway Trees CITY OF DIAMOND BAR Q � AGENDA REPORT AGENDA NO. C�• l TO: Terrence L. Belanger, City Manager MEETING DATE: October 15, 1996 REPORT DATE: October 10, 1996 FROM: David G. Liu, Deputy Director of Public Works TITLE: Award of Contract for Professional Soils and Geotechnical Engineering Services. SUMMARY: On August 8, 1996, the Department of Public Works requested proposals to provide professional soils and geotechnical engineering services for the City of Diamond Bar, on an as -needed basis for a period of two (2) years, commencing October 21, 1996 with the possibility of three (3) additional annual renewals. On September 6, 1996, the Department of Public Works prepared an addendum to the August 8, 1996 request for proposal (the "RFP"), clarifying the RFP's intent to apply to contracts of all sizes and the method by which assignments will be made to the consultants. By September 13, 1996, the City received sixteen (16) proposals, eight (8) of which where interviewed further by Selection committee on October 7, 1996. Upon review and interview of all firms, selection committee recommends that the City retain four (4) pre -qualified firms to provide soils and geotechnical engineering services on an as -needed basis. RECOMMENDATION: That the City Council award contract to Converse Consultants West, Engineering and Environmental Geology Associates, Kleinfelder and Leighton & Associates to provide professional soils and geotechnical engineering services on an as -needed basis. for a period of two (2) years, commencing October 21, 1990 90 vNlth the possibility of three l -;)additional annual renewals, subject to the City Attorney's final approval of the Consulting Services Agreement. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification (on file in City Clerk's Office) Ordinances(s) x Other: RFP and Addendum, Proposals (on file in City Clerk's Office) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A Yes No by the City Attorney'? _ _ 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A Yes No 4. Has the report been reviewed by a Commission'? _ _ N/A Yes No Which Commission? _ _ 5 Are other departments affected by the report? N/A Yes No Report discussed with the following affected departments: REVIEWED Bl'. rank M_ Usher Ter"IM7anager avid G. Liu CityAssistant City Manager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 15, 1996 TO: Honorable Mayor and Members of the City Council FROM: Terrence L.Belanger, City Manager SUBJECT: Award of Contract for Professional Soils and Geotechnical Engineering Services. RECOMMENDATION That the City Council award contract to Converse Consultants West, Engineering and Environmental GeologvAssociates, Kleinfelder and Leighton & Associates to provide professional soils and geotechnical engineering services on an as -needed basis, for a period of two (2) years, commencing October 21, 1996 with the possibility of three (3) additional annual renewals, subject to the City Attorney's final approval of the Consulting Services Agreement. FINANCIAL SUMMARY For Development related projects, funding will be provided through Developer's fees/deposits paid by the applicant to the City at the Plan -Check stage. Each specific development related project assignment will be compensated on a time -and -materials basis from the deposit account. For Capital Improvement Projects (City initiated public works projects), funding will be provided through City sources. BACKGROUND/DISCUSSION On August 8, 1996, the Department of Public Works requested proposals to provide professional soils and geotechnical engineering services for the City of Diamond Bar, on an as -needed basis for a period of two (2) years, commencing October 21, 1996 with the possibility of three (3) additional annual renewals. On September 6, 1996, the Department of Public Works prepared an addendum to the August 8, 1996 request for proposal (the "RFP"), clarifying the RFP's intent to apply to contracts of all sizes and the method by which assignments will be made to the consultants. By September 13, 1996, the City received sixteen (16) proposals. Selection committee reviewed all received proposals and selected eight (8) firms to be interviewed: Leighton & Associates, Engineering & Environmental Associates, Kleinfelder, Converse Consultants West, Dames & Moore, Ninyo & Moore, NMG Geotechnical and Petra. Following these interviews held on October 7, 1996, selection committee recommends that the City retain four (4) pre -qualified firms, Converse Consultants West, Engineering and Environnental Geology Associates, Kleinfelder and Leighton & Associates to provide soils and geotehcnical engineering services on an as -needed basis. The scope of these services include: reviewing and recommending on various soils/'geotechnical/engineering and geologic investigations, compaction testing, environmental remediation reports and pavement testing and analysis which pertain to development and capital improvement projects. All proposals were reviewed by selection committee from the Public Works Department, the Community Development Department and the Office of the City Manager. The four (4) firms selected have a working history with the City and has considerable experience with public works and development projects. The Consulting Services Agreements have been signed, however, there are several consultants which are still negotiating the boiler -plate issues of indemnification and insurance. The approval of the City Council to award contracts for professional plan checking and public works inspection services is subject to the City Attorney's Final approval of the boiler -plate language being modified. Project assignments will be made as follows: For development related contracts with a value less than $10,000, staff will assign to the pre -qualified firms on a rotational basis. For public works related contracts with a value less thann $10,000, staff will award the contract to the pre -qualified firms on the basis of price. All contracts with a value of $10,000 or more will be awarded to the pre -qualified firm by the City Council based on a recommendation from staff of the firm best qualified to perform work required for the particular project. Prepared b v. Rose E. A/anela Eileen R. Ansari Mayor Robert S. Huff Mayor Pro Tem Clair W. Harmony Council Member Carol Herrera Council Member Gary H. Werner Council Member Regded paper August 8, 1996 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax: (909) 861-3117 Internet: http://www.ci.diamond-bar.ca.us SUBJECT: Professional Soils and Geotechnical Engineering Services To Interested Soils and Geotechnical Engineering Firms: The City of Diamond Bar is inviting qualified firms to submit proposals for professional civil engineering services on an as -needed basis for a period of two (2) years commencing October 21, 1996 with the possibility of three (3) additional annual renewals. The purpose of the City is to have a pool of three (3) qualified firms to augment the City's professional capabilities and to provide high quality, ve , tr imely expertise where needed. The scope of work includes, but is not limited to: • Reviewing and recommending on various soils investigations, geotechnical, en6neering geology, and environmental remediation reports which pertain to development projects, capital improvement projects. • Pavement testing and analysis, soils investigation and compaction testing. Each specific assignment under an on-call engineering services contract will be compensated on either lump sum or time -and -materials basis. The method of compensation will be specified in writing by the City at the time the assigrunent is given. Individual assignments under the contract will not exceed the sum of $10,000. Method of assigning projects are based on a rotational system of the contracted firms. PROPOSAL CONTENTS: Firms responding shall submit 5 sets of proposals on standard paper, limited to 30 pages, which shall include the items listed below: • A brief background of your firm, including a general description of the range of relevant activities performed. Please limit your response to three (3) pages. Page Two Soils and Geotechnical Engineering August 8, 1996 • Description of consultant team including the names, resumes and qualifications (limited to ten pages) of your principals and other key project team members to be assigned to the City. Also include the hourly rates of all personnel assigned to the City. This will be used to negotiate any additional work the City may request. • Provide an explanation of the approach and methodology used to perform the scope of work outlined in the RFP. Include a description of required plan -check list and expected turn -around time for plan -check. • Provide a list describing comparable work performed for other public agencies (maximum of 3). Include the names, phone numbers and addresses of contact persons. • Three (3) references listed by contact person, name of public agency, address and phone number. • Provide a statement that all terms and conditions outlined in the attached consulting services agreement are acceptable. SELECTION PROCEDURE: Criteria for evaluation of proposals may include, but need not be limited to, the following: 1. Responsiveness and comprehensiveness of proposal. 2. Firm's and assigned personnel's experience with the City of Diamond Bar and other public agencies. J. Quality of previous work performed by the firm. 4. Resources and fee required to perform the requested services. S. The Consultant's comments on the consiilting services agreement. 6. References. A "Short List" of firms may be selected for further consideration and may be contacted to arrange an interview with City Staff. Should a firm be asked to arrange an interview, a principal and personnel assigned to the City should be available to discuss the following: I . Major elements of the proposal and be prepared to answer any questions raised to clarify in detail. 2. Satisfactory performance on similar past work and description of related experience for assigned personnel. Page Three Soils and Geotechnical Engineering August 8, 1996 The City reserves the right to reduce or revise elements of the scope of work prior to the award of a contract. Furthermore, the City reserves the right to reject any proposal and may elect to make a decision without further discussion or negotiation. This solicitation is not to be construed as a contract of any kind. The City is not liable for any costs or expenses incurred in the preparation of the proposals. The right to issue supplementary information or guidelines relating to this request is also reserved by the City. To be eligible for consideration, interested firms must submit proposals to the City of Diamond Bar no later than 5:00 p.m. Friday August 23, 1996. All proposals should be.addressed to: City of Diamond Bar Department of Public Works 21660 East Copley Drive, Suite 190 Diamond Bar, CA 91765-4177 ATTN.: David G. Lin, P.E. Enclosed is a copy of the sample consulting services agreement for your information. If you have any questions regarding this request, please contact Ms. Rose Manela, Assistant Engineer, at (909) 396- 5671 Sincerely, I � � �-- - -�"' - �- David G. Liu, P.E. Deputy Director of Public Works DGL:rm enclosure cc. Terrence L. Belanger, City Manager Eileen R. Ansari Mayor Robert S. Huff Mayor Pro Tem Clair W. Harmony Council Member Carol Herrera Council Member Gary H. Werner Council Member Recycled paper City of Diamond Bar 21660 E. Copley Drive, Suite 100 - Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax: (909) 861-3117 Internet: http://www.ci.diamond-bar.ca.us September 6, 1996 SUBJECT: Addendum to RFP for on-call professional Soils and Geotechnical Enbineerinb Services. To All Interested Engineering Firms: This Addendum is to clarify that the City's RFP for professional soils and geotechnical engineering sen -ices, dated August S, 1996 (the "RFP"), was intended to apply to contracts of all sizes and to clarify the method by which assignments will be made to the on-call consultants. Staff will recommend three firms to be pre -qualified for on-call consulting, services. The City Council may follow staffs recommendation or may choose different or a different number of firms to be pre- qualified. If more than one firm is pre -qualified by the City Council, contracts for consulting services will be aNvarded as folloN%s: For development -related contracts under $10,000, staff will award the contracts. without further input from the City Council, to the pre -qualified firms on a rotational basis. For public N%orks-related contracts under $10,000, staff will award the contracts, without further input from the City Council, to the pre -qualified firms on the basis of price. All contracts Ni ith a value of $10,000 or more will be awarded to the pre -qualified firms by the City Council based on a recommendation from staff of the firm best qualified to perform work required for the particular project. We have extended the due date for responses to the RFP, as supplemented by this Addendum, to 5:00 p.m. Friday, September 13, 1996. Five (5) copies of your proposal should be addressed and submitted to: City of Diamond Bar Department of Public Works 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 9176-4177 ATTN.: David G. Liu, P.E. Copies of the RFP will be made available upon request. If your firm has responded to the RFP, you are not required to respond further, hoN�ever, we do request that you sign in the space provided below and return this page indicating )our receipt of it. if you have any questions regarding this request, please contact Ms. Rose E. Mancla, Assistant Engineer, at (909) 396-5671. Sincerely. David G. Liu, P.E. Deputy Director of Public Works DGL:rm cc: Terrence L. Belanger, City Manager Firm: Print Name: Consultant's Signature Date CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of by and between the City of Diamond Bar, a municipal corporation ("City") and , ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an indepenc!ent contractor to provide consulting services to City as set forth in Exhibit "A." B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: Consultant's Services. A. Scope of Services. The nature and scope of the specific scrvices to be performed by Consultant are as described in Exhibit "B." B. Lcvcl of Services/Time of Performance. The level of and time of the specific scrvices to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect October 21, 1996, and shall continue until October 21. 1998 with the possibility of three (3) additional annual renewals, unless earlier terminated pursuant to the provisions herein. 3. Compensation. Cite agrees to compensate Consultant for each service which Consultant performs to the satisfaction of Cite in compliance with the schedule set forth in Exhibit "B." 4. General Terms and Conditions. In the event of any inconsistency bctvecn the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. _5. Addresses. City_ : City Manager Consultant: Cite of Diamond Bar 21600 East Copley Driyc Suite 100 Diamond Bar, Calilornia 9176;-1177 950525 1072-0)001 bj/,dl1092_6774 Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no pOWU to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control oxer the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at my time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of Cite. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in anv way fails to sustain the validity of a wholly independent contractor relationship between Cit and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees. arising out of such audit and anyappeals relating thereto. C. Consultant shall folk complN \with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failurc of Consultant to comph \with applicable lworkcr's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement anx amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section G. 7. Standard of Performance. Consultant shall perfornl all Nwork to the highest professional standards and in a manner reasonably satisfacton- to the City Manager or the City Manager's designee. S. Indemnification. Consultant is skilled in the professional calling necessary to perform the sen ices and duties agreed to be performed undcr this Agreement, and Cit is relying upon the skill and knowledge of Consultant to perform those scn ices and duties To the fullest extent permitted by law, Consultant hereby agrees. at its sole cost and expcnsc, to defend, protect, indcnmlily, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, Volunteers, successors, and assigns (collectively `'indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments. penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorlcys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, In connection with, resulting from, or rclatcd to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors. nlatcrialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise. diroctly or indirectly, out of, in connection with, resulting from, or related to this Agreement OF the perfornrulcc or Failure to perform am tern, provision, covenant, or condition of the Agreement, including this indemnity provision. This indenlnit provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by indemnitees and shall operate to fully indemnify lndeninitecs against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indenmlitees may have under the law. Pavement is not required as a condition precedent to an Indemn[tee's right to recover under this indemnity provision, and an entrY of judgment against an Indemnitee shall be conclusive in favor of the Incicmnitee's right to recover under this indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) IndcnimIces' sole rlcgllgelce or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 5 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Consultant, on behalfof itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations perfornned by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all tinges during the terns of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved b\ the Clly (1) a police or policies of broad -form comprehensive general liability insurance with numm�un limits of 1.000.000.00 combined single limit coverage against any injury, death, loss or damage as a result of \VTongful or negligent acts by Consultant. its officers, employees, agents, and independent contractors in performance of sen ices under this Agreement; (2) property damage insurance with a minimum limit of S500,OQO.00; (3) automotive liability insurance, with nnlnllllulll combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than S 1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $00,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ics) as to comprehensive general liability, property damage, and automotive liability. . The policy (ics) as to comprehensive general liability, property damage, automobile liability, and professional liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All Insurance policies shall provide that the insurance coverage shall not be non- rene\ycd, canceled. reduced, or othenvise modified (except through the addition of additional insureds to the police) by the insurance carrier without the insurance carrier giving Cite thirty (30) day's prior \NTitten notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage B. Consultant agrees that if it docs not keep the insurance in full force and effect, and such insurance is a� ailable at a reasonable cost, City nlay take out the necessary insurance and pay the prcmiunn thereon. and the repayment thereof shall be deenned an obligation of Consultant and the cost of such insurance ma\ be deducted. at the option of City. from payments due Consultant. C. C0I1SUltant shall submit to Cite (l) insurance certificates indicating compliance with the minimum \\orker's compensation insurance requircments above, and (2) insurance policy endorsements indicating compliance with all other nnininlunl insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, 9i0j21 I.I-sdl 1'. 9=(ST-1 a!;e _) discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination b% Cite. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B Consultant Covenants not to giyC or receive any compensation, monetary or other\\isc, to or from the ultimate vendor(s) of hardwarc or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' \\Titten notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the cyent of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Inunlcdiately upon receiving wTitten notice of termination, Consultant shall discontinue performing scr-ices. 14. Personnel. Consultant represents that it has, or \\ill secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on CiON's premises. 15. Financial Condition. Prior to entering into this Agreement, Consultant has submitted doeUlllCntaLlOn acceptable to the Cite Manager, establishing that it is financially solvent, such that it can reasonably be expected to perforin the services required by this Agreement. Within thirty (30) days of the First anniversary of the effectiyc date of this Agrecnlent, and each year thereafter throughout the term of this Agreement. Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the Cite Manaoer that Consultant 1S Ill at ►Cast as Sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after rcvic\� and shall not be retained by City. 16. Non -Discrimination and Equal Employment Opportunity. 1'a�c 4 A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: CnlploynlCnt, upgrading. demotion; transfers, recruitment or recruitment advertising: layoff or termination; rales of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advcrtisancnts for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or anv rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a \\'Allen annual administrative performance evaluation shall be required within ninety (90) days of the First anniversary of the effective date of this Agreement, and each year thereafter throughout the tern of this Agreement The work product rcquired by this Agreement shall be utili-red as the basis for review, and any comments or complaints received by City during the revie\\ period, either orally or In \\Tiling, shall be considered. City shall meet \with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found. Ciu may direct Consultant, to correct the inadequacies, or, in the alternative, may terminate this Agrccmcnt as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local go\•Crullents. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a \waiver of.any other condition of performance under this Agreement. hl no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by Cita of any breach of covenant, or any default which may then exist on the part Of Consultant, and the making of any such payment by Cilw shall in no \way impair or prejudice anv right or remedy available to Cite \with regard to such breach or default. 21. Attorney's Fees. In the event that either parte to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 22. Notices. Anv notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the dad ofdelIvcry if delivered by hand during regular business hours or by facsimile before or during regular business hours: or (b) on the third business day following deposit in the United States mail, 9SO51S IO±;'_-()(WX)I Ise/sdl 1X19,_G7 d Page 5 postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in \\Titing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same Instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. reference written above. "City" ATTEST. Bv: Exhibits. All exhibits referred to in this Agreement are incorporated herein by this IN \VITNESS WHEREOF, the parties have executed this Agreement as of the date first City Clerk Approved as to form: ma City Attornev CITY OF DIAMOND BAR By - City Manager "CONSULTANT" By: Its: 9j0;1i lUii'-n000l 1,1:4,11 11,9)'67-.1 Page 6 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of'named insured ("Named Insured'): Name and address of Insurance Company ("Company'): General description of ayreement(s). PeOnit(s), license(s). and/or oclivily(ies) insured: Notwithstanding any inconsistent statement in the police to \\°inich this endorsement is attached (the "Policy") or in any endorscmcnt now or hereafter attached thereto, it is agreed as follows: 1, The ("Public Agency"), its elected officials, officers, attonncys, agents, employees, and volunteers are additional insureds (the above named additional insureds arc hereafter referred to as the `'Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations perfonned by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments undcr the Police. 2. The insurance coverages afforded the Additional insureds undcr the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3.Each insurance coverage under the Policy shall apply separately to each Additional Insured against \\hom claim is made or suit is brought except N\ith respect to the limits of the Company's liability. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured undcr the police against another insured undcr the policy. All such claims shall covered as third- part� claulrs. �_c . ��� the same ilrann r ns i1,scparrtc policies had been issued to each insured. Nothing contained in this provision shall operate to increase Dr replicate the Company's limits of habdilt as provided undcr the police. 5. The insurance afforded by the Police for contractual liability insurance (subject to the tcmis, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured undcr the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the \\Tittcn agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. J_1 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY 9auaIj In;T-inuwl I,I'sdI Iuq_6-- I 6. The police to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after Written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply, with tills notice provision, the police as initially drafted \viii continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional InSUredS. while acting \� ithin the scope of their duties, from all claims, loss.s and liabilities arising out of or mcrdcnt to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any, prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. x. It is hcrcby agreed that the laws of the State of California shall apply, to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency, at: 10. Except as stated abo\ c and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the lim endorsement is attached. its, agreements, or exclusions of the policy to which this ''.YI'I: OI= COVERAGES TO WI IICII TI IISENI>ORSEWENI All ACI IFS POLICY PERIOD I.ROMi R LIMITS Or LIARIIATY I I. Scheduled items or locations are to be identified on an attached sheet. The following inclusia1S relate to the above coverages Includes: Contractual Liability Owners/Landlords/Tenants Nlanufacturcrs/Contractors u Explosion Hazard U Collapse Hazard Underground Property Damage ._ Ins-'.iunuil I.�sJI luy'i."- i J-2 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY p Products/Completed Operations p Broad Form Property Damage Extended Bodily Injury Broad Form Comprehensive p General Liability Endorsement p Pollution Liability p Liquor Liability p 12. A p dcductiblc or p self-insured retention (check one) of to all coy cragc(s) c,\ccpt (none, so staic). The deductible is applicable p per claim or p per occurrence (check one). 13. This is an p occurrence or p claims made policy (check one). 14. This endorsement is effective on of Policv Number applies at 12:01 A.M. and forms a part l (print name), hereby declare under penalty ol' perjun under the laws of the State of California, that 1 have the authority to bind the Company to this endorsement and that by my cxcculion hereof, I do so bind the Company. Executed ' 19 Signature of Authori-red Representative (Originol signature only; no facsimile signature or initialed signanlre accepted) Pl1onc No.: () J_3 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY I ki "Al ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address ofnamed insured ("Named Insured'): Name and address of Insurance Company ("Company'): General description ofagreement(s), permit(5), license(s), and/or acfivity(ies) insured: Not\\ ithstandmi, illi\ ulCOIISISLCllL StaLClllCnt In the POIICy to Which this endorsement is attached (tile I'uhcv ) ur 111 nn\ endorsement no\\ or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (tile above named additional insureds arc hereafter referred to as the "Additional Insureds") under the Police in relation to those activities described generally above \with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance co\ crages afforded the Additional Insureds under the Policy shall be primary insurance. and no other insurance maintained by the Additional Insureds shall be called upon to contribute \lith the insurallco CO\cragcs provided b\ the Policy. 3. Each insurance coverage under the Policv shall apply separately to each Additional Insured against whorl claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insm-ance shall be construed to preclude cowerase of a claim by one insured under the polic\, against another insured wider the policy. All such claims shall cowered as third - part\ claims, i.e.. in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the Polic\ The huurance A lbrded b\the Polic\ for contractual liability insurance (subject to the terns, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the \\Tilten agreement(s) or pernli.t(s) designated above, between the Named Insured and the Additional Insureds. 6. Tile policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after J-4 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY \\ritten notice to Public Agency, by certified 111,111, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the Cye11t of Company's failure to comply with this notice provision, the policy as initially drafted Will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations perfonlled by or oil behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: l0. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to 1\ al\'C. alter Or CNtcnd all\' oI tllc limits. agreeillcllts, Or exclusions OI the policy to Which this endorsc11lcnt is attached TYPE 01: COVERAGES TO W1IIC1l POLICY 11I_'KI01) THIS ENI)ORSIIMENT A1I'ACI-IT S FROWI C) LIMITS 01' LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Any Autonlobilcs All 0mied Automobiles b Non-omicd Autonlobilcs U Hired Autonlobilcs 9>62: l0i72-1X.Kil I.,j/odl 1119'_677.1 Truckers Coverage Motor Carrier Act 1) Bus Regulator\ Reform Act U Public Livery Coverage J -S ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY U Scheduled Automobiles U Garage Coverage 12. A U deductible or u self-insured retention (check one) of applies to all coveragc(s) except. (ifnone, so stole). The deductible is applicable p per claim or � per occurrence (check one). 13. This is an U occurrence or U claims made policy (check one). 14 This cndorscmcnt is cffccti\ c on aL 12:01 A.M. and forms a part of Policy Numbcr 1, (print name), hereby declare under penalty of pe Jury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my cxccution hereof, I do so bind the Company. ESCCuIcd - 19 Phone No.: ( ) Signature of Authorized Rcprescntativc (Original signature only; no facsimile signanire or initialed signature accepted) J-6 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of'nomed insured ("Named Insured'): . Name cmd Address oJ'Insurance Company ("Company'): General description ofac,reement(.,J. permit(:,), license(ti�. and%or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (tile --Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: I The (`Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above XvIdi regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Police. 2. Tile insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. Each insurance COX erage under the Policy shall apply separatcIv to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the police against another insured under the police. All such claims shall covered as third - part\' claims, i.e., In the same mariner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability_ as provided under the policy. >. The insurance afforded by the Policy for contractual liability insurance (subject to the tennis, conditions and CXCUSIO11S applicable to such insurance) includes liability assumed by the Named Insured under Lhc indemnification and/or hold harmless provision(s) contained in orCXCCuted in conjunction with the written agreenlcnt(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. J-7 ADDITIONAL INSURED ENDORSEMENT 9:0;2; Ip:72_rxNxn i,YMI 11,92677;1 EXCESS LIABILITY G. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-reneNval except after written notice to Public Agency _ by certified mail; return receipt requested, not less than thirty (30) days prior Lu the cfl'ccti\ c date thereto. In the c\ ent of Company's failure to comply with this notice provision, the policy as initially drafted \vIII continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional insureds. 8. It is hercb%r agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 1) This cndorscmcnt and all notices gi\ en hereunder shall be sent to Public Agency at: I O Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to \\ ai\ c, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached IYPF of Covl{RA(;I[S I'O WHICI I POLICY 1'1{Rlol) LIMITS OF 'Ii IISGNlloRSI?MI{N'I ATTACIII:S FROM`ro LIARII.I'rY Following Form U Umbrella Liability 11. Applicable underlying coverages: INSURANCL COMPANY AMUt1N'I' PoLIC Y No. I ? I hC 1'01100 ui 111Cluslons_ exclusions, extensions or specific provisions relate to the above coverages: J-8 ADDITIONAL INSURED ENDORSEMENT 95u5�> in�'�-�xNr,i i>Jtdi nl9_!; - EXCESS LIABILITY 13. A U dcductiblc or � self-insured retention (check one) of S to all coy crage(s) except: (if none, so scare). The deductible is applicable U per claim or U per occurrence (check one). 13. This is an U occurrence or U claims made policy (check one). 14. This cndorscrtncnt is effective on Number applies at 12:01 A.M. and fornns a part of Policy 1 (print name), hereby declare under penally ol'per-Wry under the laws of the State of California, that I have the authority_ to bind the Company to this 011d91-SCIlICnt and that b\InnV exeCntlOn hereof, I do so bind the Company. Executed , 19 Signature of Authorized Representative (Original signalxre only; no facsimile signature or initialed signonnre accepted) Phonc No.'( J-9 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 9;(,525 1057'_-ilurul� I jiAl 109'_67- -1 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. $2.. TO: Terrence L. Belanger, City Manager MEETING DATE: October 15, 1996 REPORT DATE: October 10, 1996 FROM: David G. Liu, Deputy Director of Public Works TITLE: Award of Contract for On -Call Professional Plan Checking and Public Works Inspection Services. SUMMARY: On August 8, 1996, the Department of Public Works requested proposals to provide professional plan checking and public works inspection services for the City of Diamond Bar, on an as -needed basis for a period of two (2) years, commencing October 21, 1996 with the possibility of three (3) additional annual renewals. On September 6, 1996, the Department of Public Works prepared an addendum to the August 8, 1996 request for proposal (the '`RFP"), clarifying the RFP's intent to apply to contracts of all sizes and the method by which assignments will be made to the on-call consultants. By September 13, 1996, the City received twenty-eight (28) proposals, ten (10) of which where interviewed further by the selection committee on October 8, 1996. Upon review and interview of all firms. the selection committee recommends that the City retain six (6) firms to provide plan checking and public works inspection services . RECOMMENDATION: That the City Council award contract to Bryan A. Stirrat Associates, Charles Abbott Associate's, Deivan, Lundin & Associates, GFB-Friedrich & Associates, Hall & Foreman and RKA Civil Engineers to provide professional plan checking and public works inspection services on an as -needed basis, for a period of two (2) years. commencing Octobcr 21, 1996 with the possibility of three (3) additional annual renewals, subject to the City Atiornev's final approval of the Consulting Services Agreement. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification (on file in City Clerk's Office) Ordinances(s) x Other: RFP and Addendum, Proposals (on file in City Clerk's Office) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL Cl IECKLIST Has the resolution, ordinance or agreement been reviewed N/A Yes No by the Citv Attornev? _ _ Does the report require a majority or 4/5 vote? Majority Has environmental impact been assessed? N/A Yes No Has the report been reviewed b) a Commission? N/A Yes No Which Commission? _ _ Are other departments affected by the report'? N/A No Report discussed with the following affected departments: _Yes _ REVIEWED BY alLA&, - Tear nee L. Belange City Manager Assistant City Manager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 15, 1996 TO: Honorable Mayor and Members of the City Council FROM: Terrence L.Belanger, City Manager SUBJECT: Award of Contract for On -Call Professional Plan Checking and Public Works Inspection Services. RECOMMENDATION That the City Council award contract to Bryan A. Stirrat Associates, Charles Abbott Associates, Dewan, Lundin & Associates, GFB-Friedrich & Associates,Hall & Foreman and RKA Civil Engineers to provide professional plan checking and public works inspection services on an as -needed basis, for a period of two (2) years, commencing October 21, 1996 with the possibility of three (3) additional annual renewals, subject to the City Attorney's final approval of the Consulting Services Agreement. FINANCIAL SUMMARY For Development related projects, funding will be provided through Developer's fees/deposits paid by the applicant to the City at the Plan -Check stage. Each specific assignment will be compensated at 75% of the fixed fee dictated by the City's fee schedule. For Capital Improvement Projects (City initiated public works projects), funding will be provided through City sources. 13ACKGROUND/DISCUSSION On ;August 8, 1996, the Dopartm2nt of Public Works requested proposals to provide professional plan checking and public works inspection services for the City of Diamond Bar, on an as -needed basis for a period of two (2) years, commencing October 21, 1996 with the possibility of three (3) additional annual renewals. On September 6, 1996, the Department of Public Works prepared an addendum to the August 8, 1996 request for proposal (the "RFP"), clarifying the RFP's intent to apply to contracts of all sizes and the method by which assignments will be made to the on-call consultants. By September 13, 1996, the City received twenty-eight (28) proposals. Selection committee reviewed all received proposals and selected ten (10) firms to be interviewed: Bryan A. Stirrat, Hall & Foreman, Avacon Corporation, Charles Abbott Associates, Dewan Lundin & Associates, GFB-Friedrich & Associates, NBS Lowry, Norris-Repke, Post Buckly Schuh & Jernigan, and RKA Civil Engineers. Following these interviews held on October 8, 1996, selection committee recommends that the City retain six (6) firms, Br'p a A. Stirrat Associate, Charles Abbott Associates, Deivan Lundin & Associates, GF13-Friedrich & Associates, Hall & Foreman and RKA Civil Engineers to provide plan checking and public works inspection services on an as -needed basis. The scope of plan checking services includes: reviewing, approving and inspecting various grading retaining wall, street, sewer and storm drain plans for both private and subdivision developments; checking of easements, lot line adjustments, dedications, vacations, parcel and tract maps. The scope of public works inspection services includes: inspection of grading activities, retaining wall construction, street, sewer, storm drain, driveway approach, sidewalk, utility and erosion control measures installation. All proposals were reviewed by selection committee from the Public Works Department, the Community Development Department and the Office of the City Manager. The six (6) firms selected have a working history with the City and has considerable experience with public works and development projects. The Consulting Services Agreement have been signed, however, there are several consultants which are still negotiating the boiler -plate issues of indemnification and insurance. The approval of the City Council to award contracts for professional plan checking and public works inspection services is subject to the City Attorney's final approval of the boiler -plate language being modified. Project assignments will be made as follows: Contracts with a value less than $10,000, staff will assign to the on-call firms on a rotational, basis, with a separate rotation for each of the following three tiers: Tier 1 $0-$200 Tier 2 $201 -$5000 Tier 3 $5001 - $10,000 Contracts with a value of $10,000 or more will be awarded to the on-call firms by the City Council based on a recommendation from staff of the firm best qualified to perform work required for the particular project, creating a Tier 4 : $ 10,001 and greater. Prepared by: Rose L:. Alane/a City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax: (909) 861-3117 Internet: http://www.ci.diamond-bar.ca.us August 8, 1996 SUBJECT: Plan Checking / Public Works Inspection Services To Interested Civil Engineering Firms: The City of Diamond Bar is inviting qualified firms to submit proposals for professional civil engineering services on an as -needed basis for a period of two (2) years commencing October 21, 1996 with the possibility of three (3) additional annual renewals. The purpose of the City is to have a pool of five (5) qualified firms to augment the City's professional capabilities and to provide high quality, very timely expertise where needed. The scope of work includes, but is not limited to: • Reviewing and approving various grading/retaining wall, street, sewer, and storm drain plans for both private and subdivision developments. • Checking of casements, lot line adjustments, dedications, vacations, parcel and tract maps. Eileen R. Ansari Mayor Inspection services would encompass grading activities, retaining wall construction, street, sewer and storm drain installation and erosion control measures. Robert S. Huff Mayor Pro Tem Each specific assignment under an on-call engineering services contract will be Clair W. Harmony compensated on either lump sum or time -and -materials basis. The method of Council Member compensation will be specified in writing by the City at the time the assignment is given. Individual assignments under the contract will not exceed the sum of $10,000. Carol Herrera Council Member Method of assigning projects are based on a rotational system of the contracted firms. We Gary H. Werner have a tier system comprised of projects between $0 - $200 (Tier 1), $201-$5000 (Tier 2), Council Member and $5001-$10,000 (Tier 3). Any project exceeding $10,000 will be assigned to the most qualified consultant at the discretion ofthe City. Recyded paper Page Two Plan Checking/Public Works Inspection August 8, 1996 PROPOSAL CONTENTS: Firms responding shall submit 5 sets of proposals on standard paper, limited to 30 pages, which shall include the items listed below: • A brief background of your firm, including a general description of the range of relevant activities performed. Please limit your response to three (3) pages. • Description of consultant team including the names, resumes and qualifications (limited to ten pages) of your principals and other key project team members to be assigned to the City. Also include the hourly rates of all personnel assigned to the City. This will be used to negotiate any additional work the City may request. • Provide an explanation of the approach and methodology used to perform the scope of work outlined in the RFP. Include a description of required plan -check list and expected turn -around time for plan -check. • Provide a list describing comparable work performed for other public agencies (maximum of 3). Include the names, phone numbers and addresses of contact person. • Three (3) references listed by contact person, name of public agency, address and phone number. • Provide a statement that all terms and conditions outlined in the attached consulting services agreement are acceptable. SELECTION PROCEDURE: Criteria for evaluation of proposals may include, but need not be limited to, the following: 1. Responsiveness and comprehensiveness of proposal. 2. Finn's and assigned personnel's experience with the City of Diamond Bar and other public agencies. 3. Quality of previous work performed by the firm. 4. Resources and fee required to perform the requested services. 5. The Consultant's comments on the consulting services agreement. 6. References. Page Three Plan Checking/Public Works Inspection August 8, 1996 A "Short List" of firms may be selected for further consideration and may be contacted to arrange an interview with City Staff. Should a firm be asked to arrange an interview, a principal and personnel assigned to the City should be available to discuss the following: 1. Major elements of the proposal and be prepared to answer any questions raised to clarify in detail. 2. Satisfactory performance on similar past work and description of related experience for assigned personnel. The City reserves the right to reduce or revise elements of the scope of work prior to the award of a contract. Further more, the City reserves the right to reject any proposal and may elect to make a decision without further discussion or negotiation. This solicitation is not to be construed as a contract of any kind. The City is not liable for any costs or expenses incurred in the preparation of the proposals. The right to issue supplementary information or guidelines relating to this request is also reserved by the City. To be eligible for consideration, interested fin -ns must submit proposals to the City of Diamond Bar no later than 5:00 p.m. Friday, August 23, 1996. All proposals should be addressed to: City of Diamond Bar Department of Public Works 21660 East Copley Drive, Suite 190 Diamond Bar, CA 91765-4177 ATTN.: David G. Liu, P.E. Enclosed is a copy of the sample consulting services agreement for your information. If you have any questions regarding this request, please contact Ms. Rose Manela, Assistant Engineer, at (909) 396- 5671. Sincerely, David G. Liu, P.E. Deputy Director of Public Works DGL:rm enclosure cc: Terrence L. Belanger, City Manager Eileen R. Ansari Mayor Robert S. Huff Mayor Pro Tem Clair W. Harmony Council Member Carol Herrera Council Member Gary H. Werner Council Member Recydl dp�pe September 6, 1996 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax: (909) 861-3117 Internet: http://www.ci.diamond-bar.ca.us SUBJECT: Addendum to RFP for on-call professional Plan Chccking/Public Works Inspection Seii-ices. To All Interested Engineering Firms: This Addendum is to clarify that the City's RFP for professional plan checking/public works inspection services, dated August 8, 1996 (the "RFP"), was intended to apply to contracts of all sizes and to clarify the method by which assignments will be made to the on-call consultants. Staff will recommend fie firms to be pre -qualified for on-call consulting services. The City Council may follow staffs recommendation or may choose different or a different number of firms to be pre- qualified. If more than one firm is pre -qualified by the City Council, contracts for consulting services will be awarded as follows: Staff, without further input from the City Council, will award contracts under $10.000 to the pre -qualified firms on a rotational basis, with a separate rotation for each of the follo\ying three tiers: Tier 1 $0-S200 Tier 2 $201 -$5000 Tier 3 $5001 - $10,000 Contracts x\ ith a value of $10,000 or more Nyill be awarded to the pre -qualified firms by the City Council based on a recommendation from staff of the firm best qualified to perform work required for the particular project. We have extended the due date for responses to the RFP, as supplemented by this Addendum, to 5:00 p.m. Friday. September 13, 1996. Five (5) copies of your proposal should be addressed and submitted to: City of Diamond Bar Department of Public Works 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765-4177 ATTN.: David G. Liu, P.E. Copies of the RFP xyilI be made ayslilable upon request. If )-our firm has responded to the RFP, you are not required to respond further: however, eye do request that you sign in the space provided below and return this page indicating your receipt of it. If you have any questions regarding this request, please contact Ms. Rose E. Manela, Assistant Engineer, at (909) 396-5671. Sinecrek David G. Liu, P.E. Deputy Director of Public Works DGL:rm cc: Terrence L. Belanger, City Manager Firm: Print Namc: Consultant's Signature Date CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of by and between the City of Diamond Bar, a municipal corporation ("City") and ("Consultant"). RECITALS A. City desires to utilise the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A." B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant arc as described in Exhibit "B." B. Lcvel of Services/Time of Performance. The Icvcl of and time of the specific services to be perfonmed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect October 21, 1990, and shall continue until October 21. 1998 with the possibility of three (3) additional annual renewals, unless earlier terminated pursuant to the provisions herein. 3. Compensation. C11v agrees to compensate Consultant for each service which Consultant performs to the satisfaction of Cite in compliance with the schedule set forth in Exhibit "B." 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: Cit', Manager Consultant: Cite of Diamond Bar 21660 East CoplcyDrivc Suite 100 Diamond Bar, California 91765-4177 950525 10572-('x)001 1,/,,J1 I o92G77 a 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or othenvise act on behalf of Cite as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's anployccs, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or anv of its agents or employees arc in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold Cit`, harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including aCCOUnting and attorney's fees, arlsing Out Of SUCH audit and any appeals relating thereto. C. Consultant shall fully Comply \%ith the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold Cite harmless from any failurc of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement am• amount due to Cite from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. COnSLlltalll is skilled in the professional calling necessary to perform the scr ices and dUtiCS agreed to be performed undcr this Agrecmcnt, and City is relying upon the skill and kno\dcdgc of Consultant to perform those services and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify•, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employccs, volunteers, successors, and assigns (collectively "Indenuiitccs") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attornevs, or other professionals and all costs associated there\\ ith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to am act, failurc to act. error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, matcrialmcn, suppliers or their officers, agents, servants or employees, arising or claimed to arise. directly or indirectly, out of. in connection With, resulting from, or related to this Agrecmcnt or the perlornlancc or I ,1ilure to perform an term, provision. covenant, or condition of the Agreement, including this indemnity pros ision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negfigcncc by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indcmnitccs may have under the law. Payment is not required as a condition precedent to an Inm denitees right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of tile Indemnitee's right to recover under this indemnity provision. Consultant shall pay Indcmnitccs for any attorneys fees and costs incurred in enforcing this indemnification pro\ ision. Not\kithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indcmnitccs' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code y 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claim's, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carne, maintain, and keep in ILII force and effect. with an insurance company admitted to do business in California and approved by the Cite ( I ) a police or policies of broad -form comprehensive general liability insurance with nununum limits ol, ti 1.000_t 00.00 combined single limit coverage against any injury, death, loss or damage as a result ol' wrongful or negligent acts b\ Consultant. its officers, cmployccs, agents, and independent contractors in performancc of se, -ti ICCs under this Agrccmcnt; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially coyer damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimutrt limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, cmployccs, attomevs, and volunteers shall be named as additional insureds on the policy(ics) as to comprehensivegeneral liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, properly damage, automobile liability. and professional liability shall provide that they are primary, and that any insurance maintained by the Cite shall be excess 111surancc only. A. All insurance policies shall provide that the insurance coverage shall not be non- rcnewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurancc carrier withortt the insurance carrier giving Cily thirty (30) day's prior \\Titten notice thereof. Consultant agrees that it will not cancel, reduce or otherwise ntodii'v the insurance coverage. B. Consultant agrees that if it docs not keep the insurance in full force and effecl, and such insurancc is available it a reasonable cost, City may take out the necessar, insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurancc maw be dedUCICd. at the option ol'City_ from payments due Consultant. C� Consultant shall submit to Cite ( l) insurancc certificates indicating compliance with the minimum \�orker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (I) day prior to beginning of performance under this Agrccmcnt. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of Cite, private individuals, or employees of the City. Consultant covenants that all data, documents, 9')r I'l-ii 1 Page 3 discussion, or other information developed or received by Consultant or provided for performance of this Agreement arc deemed confidential and shall not be disclosed by Consultant without NNTitten authorization by City. City shalt grant such authorization if disclosure is required by law. All City data shall be returned to City upon the tennination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. H. . Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City Without restriction or limitation upon its use or dissemination b\ Cite. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in in), manner with the performance of its sen•iccs pursuant to this Agreement. B Consultant coycnants not to giyc or receive any compensation, monetary or othern\ Ise, to or from the ultimate vcndor(s) ol' hardware or software to City as a result of the performance of this Agreement. Consultant's coycnant under (Ills section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) day's' N\Tittcn notice to Consultant. The cffccliyc date of tcrnination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the cycnt of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the cffccliyc date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or lyill secure at its own expense, all personnel required to perform the services under this Agrccmcnt. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the fight to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 1S. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the First anniversary of the cffcctiyc date of this Agrccmcnt, and each year thereafter throughout the term of this Agreement, Consultant shall submit such f financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as Nvas the case prior to entering into this Agrccmcnt. Financial information submitted to the City Manager shall be returned to Consultant after reyie\r and shall not be retained by Cit. 16. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: enlploV menu, upgrading_ demotion, transfers. recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment \vithout regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agrcenlcnt except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agrcenlcnt or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a NWItten annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the terns of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by Cite during the review period, either orally or in %\Titing, shall be considered Cite shall nice[ with Consultant prior to preparing the written report. If any noncompliance with the Agrcenlcnt is found, Cite Ina\ direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waivcr by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of.any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a Waiver by City of any breach of covenant, or any default which may then exist on the part Of CO11SUltant_ and the making of ally such pavillcllt by City shall In no wily impair or prejudice am right or rerned\ available to Cite N\ith regard to such breach or default. 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the daN of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, 950525 X057?-(1AX JI LjC4dI11)9^_G"-1 Page 5 postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance \with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement arc incorporated herein by this reference. IN WITNESS WHERFOF_ the parties have executed this Agreement as of the date first \\Tltten above. °Citw" ATTEST: CITY OF DIAMOND BAR B\ By: Cite Clerk City Manager Approved as to form: City Attorncv "CONSULTANT" By: Its: �;u, _ 1167'-n1x)n1 a.,ti 11,926— 1 Page 6 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address ofnamed insured ("Named Insured'): Name and address of Insurance Company ("Company').- General "Company'). General description af'agreement(s). permit(s), license(~). and/or acliviiy(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Police") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional insureds have no liability for the payment of any premiums or aSSCSS111CIltS under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. J. Each insurance coverage under the Policy shall apply separately to each Additional insured against whom claim is made or suit is brought except with respect to the limits of the Compam's liability. 4 Nothing in this contract of insurance shall be construed to preclude coverage of a claim bN one insured under the police ai,ainst another insured under the police. All such claims shall covered as third - Part\ clalms. Le - nl the sank nulnncr as Il'separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policN 5. The insurance afforded by the Policv for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability asstuned by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the NVritten agrecnlent(s) or pernlit(s) designated above, between the Named insured and the Additional insureds, J-1 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payrrnent of claims), or non -renewal except after N\Titten notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice. provision, the police as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds. while acting within the scope of their duties, from all claims, loss.s and liabilities arising out of or incicic;nt to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless orally prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. ' Except as stated abo\ c and not in conflict with this endorsement, nothing contained herein shall be held to waive. alter or extend anv of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OP COVERAGES TO WHICI 1 'I'IIISI:NDORSI MI:N'I'A'fl'AClli-S POLICY PERIOD FROM/ to LIMITS OF LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the ibo\c coverages. Includes' u Contractual LiabiliLN U Owncrs/Landlords/TcnantS h ManUfaelllrel's/Contractors Explosion Hazard u Collapse Hazard U Undr.rground Property Damage J-2 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY p Products/Completed Operations b Broad Form Property Damage Extended Bodily Injury b Broad Form Comprehensive General Liability Endorsement p Pollution Liability p Liquor Liability b 12. A U dcductiblc or U self-insured retention (check once) of to all covcrage(s) c\ccpt_ iJ none, so stare). The deductible is applicable u per claim or b per occurrence (check onc). 13. This is an � occurrence or u claims made policy (check one). 14. This endorsement is cffcctiyc on of Policy Number applies at 12:01 A.M. and forms a part 1. (print name), hereby dcclarc under penalty of perjun under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, 1 do so bind the Company. ENCCUted - 19 Phone No. ) Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signalnre accepted) J-3 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address ofnamed insured ("Named Insured').- Name nsured'): Name and address of Insurance Company ("Company'): General description of'agreemenr(s), permit(s). license(s), and/or activiiy(ies) insured: Nouvithstanding any inconsistent statement in the police to ��hich this endorse is attached (the Pohc. -) Or In am endorsement no\N or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency'), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured_ The Additional hnsureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance co\ crages afforded the Additional Insureds under the Policy shall be primary insurance. and no other insurance maintained by the Additional Insureds shall be called upon to contribute ith the Insw-ancc cO\ crages prop idcd by the Police. 3. Each insurance coverage under the Police shall apple separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the police against another insured under the police. All such claims shall covered as third - party claims. i.e., in the sante manner as if separate policies had been issued to each insured. Nothing contained in tills provision shall operrlte to increase or replicate the Company's limits of liability_ as provided under the police. 3 l he insurance allbrdal b\ the POlicv I`01- contracfual liability insurance (subject to the terms, conditions alld CXCILISIOIIS applicable to such Insurance) Includes liability aSSllllled by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the lWitten agreemcnt(s) or pennGt(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after J-4 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY \\ritten notice to Public Agcncv, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 9. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction. interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to \�aiyc. alter or extend any ol'the limits, agreennents, or exclusions of the policy to which this cndor scmcnt is auachC LI TYPE OF COVERAGLS TO WHICI I POt.ICY PERIOD THIS F.NI70RSEMI=NT A1'TACFIIiS FROM/1f0 LIMITS OP LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. lncludcs: Am' Automobiles All 0mied Automobilcs jn Non-omicd AUIPI1101ACS U Hired Automobilcs Truckers Coverage Motor Carrier Act 1) Bus Rcgulaton� Reform Act U Public Livery Coverage J-5 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY {Ili7 '-(N NM){ 10926' 7 -1 u Scheduled Automobiles U Garage Coverage 12. A � deductible or U self-insured retention (check one) of $ applies to all coverage(s) except. (ifnone, so state). The deductible is applicable p per claim or � per occurrence (check one). 13. This is an 1) occurrence or u claims made policy (check -one). 14 This endorsement is cfl'ccti%c on at 12:01 A.M. and forms a part of Policy N Umber 1, (print name), hereby declare under penalty of perjun under the la\\s of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. E\CCUIed Phone No.: ( ) v] Signature of Authorized Represcntativc (Original sign attire on1j,, no facsimile signature or initialer! signature accepter!) J-6 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of'named insured ("Named Insured'): . Name and address of Insuronce Compony (" Company ): General descripnon o. agreement(,), permir(s). hcense(s), and/or octivity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the Polic\") or in any endorsement now, or hereafter attached thereto, it is agreed as follows: The (--Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds') under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Police. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance co\crages provided by the Policy. FICll Insurance co\cragc under the Polics shall apply separately to each Additional Insured against Whom claun is made or Suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the police against another insured under the police. All such claims shall covered as third - party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the police. i. The insurance afforded by the Police for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured Wider the indemnification and/or hold harmless provisions) contained in or executed in conjunction with the written agrccinent(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. J-7 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 9115_5 116724xKx)I 1,1/, I q9_6-7.1 G. The policy to which this endorsement is attached shall not be subject to cancellation, change III coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after \\rittcii notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the cffccti\ c date thcrcto. In the c( ent of Company's failure to comply with this notice provision, the policy as initially drafted \vill continue in full force and effect until compliance with this notice requirement. 7. Company hcrcby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. it is hereby agreed that the laws of the State of California shall apply to and govern the validity. construction, interpretation, and enforcement of this contract of insurance. This cndorscmcnt and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to \jai\ c_ alter or extend any of the limits, agreements, or exclusions of the policy to which this cndorscmcnt is attached I YI'L OI: COVI',PAGI:S rO wl IICI I THIS FNI)ORs1=.Ml{Nl A-1 IACI IFS U Following Form U Umbrella Liability POLICY PT:IOOD FROMi tU 11. Applicable underlying coverages: INSURANC I. CONII'ANY AMOUNT POI.iCY NO LIMITS Of LIA13lu'rY 1 he LulloN\ 1111, mclus(ons. exclusions. extensions or specific provisions relate to the above coy eragcs: J-8 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 13. A u deduetIbIC or U sell-insured retention (check ane) of $ applies to all coN erage(s) except: (if none, so state). The dcductiblc is applicable U per claim or U per occurrence (check one). 13. This is an U occurrence or � claims made policy (check one). 14. This cndorscmcnt is effective on at 12:01 A.M. and forms a part of Policy Number L (print name), hereby declare undcr penalty of perjur\ undcr the laws of Lhc State of California, that 1 have the authority to'bind the Compam to this cndorscmcnt and that bN InV execution hereof l do so bind the Company. Executed Phonc No.:( 19 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepte(l J-9 ADDITIONAL INSURED ENDORSEMENT 950525 Isis01 109'_67' 1 EXCESS LIABILITY CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: October 15. 1996 REPORT DATE: October 10, 1996 FROM: David G. Liu, Deputy Director of Public Works TITLE: Award of Contract for Professional Traffic and Transportation Engineering Services. SUMMARY: On August 8, 1996, the Department of Public Works requested proposals to provide professional traffic and transportation engineering services for the City of Diamond Bar, on an as -needed basis for a period of two (2) years, commencing October 21, 1996 with the possibility of three (3) additional annual renewals. On September 6, 1996, the Department of Public Works prepared an addendum to the August 8, 1996 request for proposal (the "RFP"), clarifying the RFP's intent to apply to contracts of all sizes and the method by which assignments will be made to the pre -qualified consultants. By September 13, 1996, the City received twenty-two (22) proposals. eight (8) of which where interviewed further by Selection committee on October 7, 1996. Upon review and interview of all firms. selection committee recommends that the City retain six (6) pre -qualified firms to provide traffic and transportation engineering seri-ices on an as -needed basis. RECOMMENDATION: That the Cite Council award contract to Austin -Foust Associates, DKS, Linscott Law & Greenspan, Meyer Mohaddes Associates, O'Rourke Engineering and Warren Siecke to provide professional traffic and transportation engineering services on an as -needed basis, for a period of two (2) years, commencing October 21, 1996 with the possibility of three (3) additional annual renewals, subject to the City Attorney's final approval of the Consulting Services Agreement LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification RCSOlntion(s) _ Bid Specification (on file in City Clerk's Office) Ordinances(s) x Other: RFP and Addendum, Proposals (on file in City Clerk's Office) X Agrcenrent(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: I . Has the resolution, ordinance or agreement been reviewed N/A _ Yes _ No by the Cite Attornev? 2 Does the report require a majority or 4/5 vote' Majority 3. Has emironmcntal impacta been ssessed? N/A Yes No 4. Has the report been reviewed by a Commission'? _ _ N/A _ Yes _ No Which Commission'? 5. Are other departments affected by the report? N/A Yes No Report discussed with the following affected departments: REVIEWED BY: � &y,\Ierrcncc L. City Manager Assistant City Manager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 15, 1996 TO: Honorable Mayor and Members of the City Council FROM: Terrence L.Belanger, City Manager SUBJECT: Award of Contract for Professional Traffic and Tranpsortation Engineering Services. RECOMMENDATION That the City Council award contract to Austin -Foust Associates, DKS, Linscott Law & Greenspan, Meyer Mohaddes Associates, O'Rourke Engineering and Warren Siecke to provide professional traffic and transportation engineering services on an as -needed basis, for a period of two (2) years, commencing October 21, 1996 with the possibility of three (3) additional annual renewals, subject to the City Attorney's final approval of the Consulting Services Agreement. FINANCIAL. SUMMARY For Development related projects, funding will be provided through Developer's fees/deposits paid by the applicant to the City at the Plan -Check stage. Each specific development related project assignment will be compensated on either a lump -sum or a time -and -materials basis. For Capital Improvement Projects (City initiated public works projects), funding will be provided through City sources- BACKGROUND/DISCUSSION On August 8, 1996, the Department of Public Works requested proposals to provide professional traffic and transportation engineering services for the City of Diamond Bar, on an as -needed basis for a period of two (2) years, commencing October 21, 1996 with the possibility of three (3) additional annual renewals. On September 6, 1996, the Department of Public Works prepared an addendum to the August 8, 1996 request for proposal (the "RFP"), clarifying the RFP's intent to apply to contracts of all sizes and the method by which assignments will be made to the consultants. By September 13, 1996, the City received twenty-two (22) proposals. Selection committee reviewed all received proposals and selected eight (8) firms to be interviewed: Austin -Foust, Warren Siecke, DKS, Linscott Law & Greenspan, Boyle Engineering, Meyer Mohaddes Associates, O'Rourke Engineering and WPA Traffic Engineering. Following these interviews held on October 7, 1996, selection committee recommends that the City retain six (6) pre -qualified firms, Austin -Foust Associates, DKS, Linscott Law & Greenspan, Meyer Mohaddes Associates, O'Rourke Engineering and WarrenSiecke to provide traffic and transportation engineering services on an as -needed basis. The scope of these services include: reviewing and recommending on various traffic and transportation investigations and reports which pertain to private/tract development projects, preparation of traffic warrant studies, analysis, operations, traffic signal design, etc. All proposals were reviewed by selection committee from the Public Works Department, the Community Development Department and the Office of the City Manager. All six (6) firms have considerable experience with public works and development projects. Four (4) of the six firms selected have a working history with the City. The two firms, O'Rourke Engineering and Meyer Mohaddes Associates, have demonstrated outstanding abilities for similar services with several other cities. The Consulting Services Agreements have been signed, however, there are several consultants which are still negotiating the boiler -plate issues of indemnification and insurance. The approval of the City Council to award contracts for professional plan checking and public works inspection services is subject to the City Attorney's final approval of the boiler -plate language being modified. Project assignments will be made as follows: For development related contracts with a value less than $10,000, staff will assign to the pre -qualified fims on a rotational basis. For public works related contracts with a value less than $10,000, staff will award the contract to the pre -qualified firm on the basis of price. All contracts with a value of $10,000 or more will be awarded to the pre -qualified firm by the City Council based on a recommendation from staff of the firm best qualified to perform work required for the particular project. Prepared h v: Rose E. A-lanela Eileen R. Ansari Mayor Robert S. Huff Mayor Pro Tem Clair W. Harmony Council Member Carol Herrera Council Member Gary H. Werner Council Member Recycled pipe, September 6, 1996 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax: (909) 861-3117 Internet: http://www.ci.diamond-bar.ca.us SUBJECT: Addendum to RFP for on-call professional Traffic and Transportation Engineering Services. To All Interested Engineering Firms: This Addendum is to clarify that the City's RFP for professional traffic and transportation engineering services, dated August 8, 1996 (the "RFP"), was intended to apply to contracts of all sizes and to clarify the method by which assignments will be made to the on-call consultants. Staff will recommend three firms to be pre -qualified for on-call consulting services. The City Council may follow staffs recommendation or may choose different or a different number of firms to be pre- qualified. if more than one rrm is pre -qualified by the City Council, contracts for consulting services will be awarded as follo%%s: For development -related contracts under $10,000, staff will award the contracts, without further input from the City Council, to the pre -qualified firms on a rotational basis. For public works -related contracts under $10,000, staff will award the contracts, without further input from the City Council, to the pre -qualified firms on the basis of price. All contracts with a value of $10,000 or more will be awarded to the pre -qualified firms by the City Council based on a recommendation from staff of the firm best qualified to perform work required for the particular project. We have extended the due date for responses to the RFP, as supplemented by this Addendum, to 5:00 p.m. Friday, September 13, 1996. Five (5) copies of your proposal should be addressed and submitted to: City of Diamond Bar Department of Public Works 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765-4177 ATTN.: David G. Liu, P.E. Copies of the RFP mill be made available upon request. If your firm has responded to the RFP, you are not required to respond further; however, we do request that you sign in the space provided below and return this page indicating your receipt of it. If you have any questions regarding this request, please contact Ms. Rose E. Manela, Assistant Engineer, at (909)396-5671. Sinccrcly. David G. Liu, P.E. Depute Director of Public Works DGL:nn cc: Terrence L. Belanger, City Manager Firni: Print Name: Consultant's Si -nature Date City of Diamond Bar 21660 E. Copley Drive, Suite 100 - Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax: (909) 861-3117 Internet: http://www.ci.diamond-bar.ca.us August 8, 1996 SUBJECT: Professional Traffic and Transportation Engineering Services , To Interested Traffic and Transportation Engineering Firms: The City of Diamond Bar is inviting qualified firms to submit proposals for professional civil engineering services on an as -needed basis for a period of two (2) years commencing October 21, 1996 with the possibility of three (3) additional annual renewals. The purpose of the City is to have a pool of four (4) qualified firms to augment the City's professional capabilities and to provide high quality, very timely expertise where needed. The scope of work includes, but is not limited to: • Warrant studies, traffic analysis and operations, and neighborhood traffic management. • Geometric design, traffic signal design, signing and striping plan, and review of traffic impact studies for development projects. Eileen R. Ansari Each specific assignment under an on-call engineering services contract will be Mayor compensated on either lump sum or time -and -materials basis. The method of compensation will be specified in writing by the City at the time the assignment is given. Robert S. Huff Individual assignments under the contract will not exceed the sum of $10,000. Mayor Pro Tem Clair W. Harmony PROPOSAL CONTENTS: Council Member Firms responding shall submit 5 sets of proposals on standard paper, limited to 30 pages, Carol Herrera which shall include the items listed below-. Council Member Gary H. Werner • A brief background of your fund, including a general description of the range of Council Member relevant activities performed. Please limit your response to three (3) pages. • Description of consultant team including the names, resumes and qualifications (limited to ten pages) of your principals and other key project team members to be assigned to the City. Also include the hourly rates of all personnel. assigned to the City. This will be used to negotiate any additional work the City may request. Recycled paper Page Two Traffic and Transportation Engineering August 8, 1996 • Provide an explanation of the approach and methodology used to perform the scope of work outlined in the RFP. Include a description of required plan -check list and expected turn -around time for plan -check. • Provide a list describing comparable work performed for other public agencies (maximum of 3). Include the names, phone numbers and addresses of contact persons. • Three (3) references listed by contact person, name of public agency, address and phone number. • Provide a statement that all terms and conditions outlined in the attached consulting services agreement are acceptable. SELECTION PROCEDURE: Criteria for evaluation of proposals may include, but need not be limited to, the following: 1. Responsiveness and comprehensiveness of proposal. 2. Firm's and assigned personnel's experience with the City of Diamond Bar and other public agencies. 3. Quality of previous work performed by the firm. 4. Resources and fee required to perform the requested services. 5. The Consultant's comments on the consulting services agreement. 6. References. A "Short List" of firms may be selected for further consideration and may be contacted to arrange an interview with City Staff' Should a firm be asked to arrange an interview, a principal and personnel assigned to the City should be available to discuss the following: 1. Major elements of the proposal and be prepared to answer any questions raised to clarify in detail. 2. Satisfactory performance on similar past work and description of previously related experience for assigned personnel The City reserves the right to reduce or revise elements of the scope of work prior to the award of a contract Furthermore, the City reserves the right to reject any proposal and may elect to make a decision without further discussion or negotiation. This solicitation is not to be construed as a contract of any kind. The City is not liable for any costs or expenses incurred in the preparation of the proposals. The right to issue supplementary information or guidelines relating to this request is also reserved by the City. Page Three Traffic and Transportation Engineering August 8, 1996 To be eligible for consideration, interested firms must submit proposals to the City of Diamond Bar no later than 5:00 p.m. Friday, August 23, 1996. All proposals should be addressed to: City of Diamond Bar Department of Public Works 21660 East Copley Drive, Suite 190 Diamond Bar, CA 91765-4177 ATTN.: David G. Liu, P.E. Enclosed is a copy of the sample consulting services agreement for your information. If you have any questions regarding this request, please contact Ms. Rose Manela, Assistant Engineer, at (909) 396- 5671. Sincerely, David G. Liu, P.E. Deputy Director of Public Works DGL:rm enclosure cc Terrence L. Belanger, City Manager CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of by and between the City of Diamond Bar, a municipal corporation ("City") and ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A." B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: Consultant's Services. A. Scope of Ser ices. The nature and scope of the spccific services to be performed by Consultant are as described in Exhibit "B." B. level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant arc as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall lake effect October 21, 1996, and shall continue until October 2 I. 1998 with the possibility of three (3) additional annual renewals, unless earlier terminated pursuant to the provisions hcrcin. 3. Compensation. Cite agrees to compensate Consultant for each service which Consultant performs to the Satisfaction of City in compliance with the schedule set forth in Exhibit "B." 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. Addresses. City: City Manager Consultant: City of Diamond Bar 21660 East Copley DrIVc Suite 100 Diamond Bar, Caldoriia 91765-4177 950525 10572-WX)1 U_022677 1 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor an_v of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner; represent that it or any of its agents or employees are in any manner agents or employees of Cit,. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in anv way fails to sustain the validity of a wholly independent contractor relationship between City and CollSllllant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees. arising Olil of such audit and any appeals relating thereto. C. Consultant shall fully conlpl\ \N ith the workers' compensation ]acv regarding Consultant and Consultant's employees. COnsultant further agrees to Illdenllllly and hold Cit' harmless from any failure of Consultant to comply with applicable \yorker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement anv amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonabiv satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Consultant is skilled in the professional calling necessary to perform the scn ices and duties agreed to be performed under this Agreement, and City is relying upon the skill and kno\� ledge of Consultant to perform those services and duties. To the fullest extent permitted by lacy, Consultant hereby agrees. at its sole cost and cxpcnsc, to defend, protect; indenmlifv, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "indenulitees") from and against anr• and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses; judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated thercaith, arising or claimed to arise, directly or indirectly, out of; in connection with, resulting from, or related to anv act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, enlploVecs, subcontractors, nlaterialnlcn, suppliers or their officers, agents, servants or cillployces, arising or claimed to arise. directly or indirectly.. out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform anyternl_ provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effectiyc regardless of any prior, concurrent, or subsequent active or passive negligence by Indeninitecs and shall operate to fully indemnify Indcnlnitccs against any such negligence. This indenulity provision shall survive the termination of the Agreement and is in addition to anv other rights or remedies which Indcnlnitccs may have under the law. Payment is not required as a condition precedent to an Indenulitec's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusiyc in favor of the lndenmlitee's right to recover under this indemility provision. Consultant shall pay Indcnlnitccs for anv attorneys fees and costs incurred in enforcing this indemnification provision. Not\ithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 5 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability orally insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations perfonmed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several_ 9. insurance. Consultant shall it all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and appro\ed by the Cit\ ( I ) a policy or policies of broad -form comprehensive general liability insurance with nunlmmu limits ol" ti 1.000.000.00 combined single limit coverage against any injure, death, loss or damage as a result of wrongful or negligent acts b\ Consultant. its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance Nvitln a nnininlunn limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than S 1,000,000 per occurrence; and (.i) worker's compensation insurance with a minimtun limit of $00,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ics) as to comprehensive general liability, property damage, automobile liability, and professional liability shall provide that they are primary, and that any insurance maintained by the Cit\' shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or othenvise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise niodil*,,• the insurance coverage. B Consultant agrees that if it does not keep the insurance in full force and effect, and SUCIi II1SUrance is available at a reasonable cost. Cit\ nlay take out the necessary insurance and pay the premium thereon. and the repay nlcnt thercol'shall be deemed an obligation of Consultant and the cost of such insurance may be deducted. at the option ol'City. from payments due Consultant. C Consultant shall submit to Cite (1) insurance certificates indicating compliance with the nlininunn \\orker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other nlininlunl insurance requirements above, not less that one (I) day prior to beginning of performance tinder this Agrcei ncnt. Endorsements shall be executed on Citv's appropriate standard forms entitled "Additional Insured Endorsement". 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, y>o:.i �u,".(nnull Iz� �dl lu9'n" 4 Pzwc 3 discussion, or other information developed or received by Consultant or provided for performance of this Agreement arc deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11. Ownership of Materials. All materials provided by Con;,ultant in the performance of this Agreement shall be and remain the property of City_ without restriction or limitation upon its use or dissemination b% Cite 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in an- manner with the performance of its scrvices pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or othcn\isc, to or from the ultimate vendor(s) of hardware or software to Clty as a result of the performance of this Agreement. Consultant's coycnant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' \\Titten notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. in the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its o\\m expense, all personnel required to perform the services under this Agreement. All of the scryices required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the sen ices required by this Agrccmcnt. Within thirty (30) days of the first anniycrsan of the effcctiyc date of this Agreement, and each year thereafter throughout the term of this Agrccmcnt. Consultant shall submit such financial inl'ormation as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after rc\'ic\\ and shall not be retained by City. 16. Non -Discrimination and Equal Employment Opportunity. -_1.1,.tj I Pagc 4 A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: enlp1OVIllcnt. upgrading. demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for cmploynhent without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance orally of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and or no effect. is. Performance Evaluation. For any contract in errect for twelve months or longer, a \vritten annual administrative performance evaluation shall be required within ninety (90) days of the First anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilircd as the basis for review, and any comments or complaints recei\cd by City during the review period, either orally or in writing, shall be considered. City shall meet \lith Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, Cit\ nla\ direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance Nvith Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver orally other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist oil the part of Consultant. and the making of ally SUCII payment by City shall in no way impair or prejudice anN right or remedy a\ ailable to City l\ ith regard to such breach or default. 21. Attorney's Fees. In the event that either party to this Agreement shall commcnee any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit. including reasonable attorney's fees and costs, including costs of expert itnesses and consultants. 22. Notices. Any notices. bills. invoices, or reports required by this Agreement shall be decnhed recci\ cd on (a) the da% of dcliyer\ if delivered by hand during regular business hours or by facsimile before or during regular business hours: or (b) on the third business day following deposit in the United States mail, 9scr525 los;,_OkO l I>;.,ai 109^67,; ., Page 5 postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS \WHEREOF. the parties have CXCCllled this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR Cit' Clerk Approved as to form: Bv: City Attorney City Manager "CONSULTANT" Bv: Its: 9iUj'C Ipi7�_i ali ipl kjl=dl I117"_6`-1 Pagc 6 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Nome and address of'named insured ("Named Insured'): Name and address ofinsurance Company ("Company') General description of agreemenr(s), permil(s), license(s), and/or ocriviiy(ies) insured: Notwithstanding any inconsistent statement in the police to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the '-Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations perfonned by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or asscssmcntS under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute With the insurance coverages provided by the Policy. 3, Each insurance covcragc under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liabilit\. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the police against another insured under the policy. All such claimS Shall covered as third- p,irt� clauns. i c . III the same anm oer as il'separate policies had been issued to each insured. Nothing C0111. in this proN ision shall operate to incrcasc or replicate the Company's limits of liability as provided under the police. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indenim fication and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds, J-1 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY G. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after «Titten notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance >vitli this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds. while acting within the scope of their duties, from all claims, loss.s and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Namcd Insured regardless orally prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OP COVERAGES TO WI IICI I THIS IiNI)OItS1.MI,N"I'AI-IACII1--S POLICY t'ERIOD FROM11,0 L11MITS OF LIABILITY 11, Scheduled items or locations arc to be identified on an attached sheet. The following inclusions relate to the above coverages. I11cludcs. Contractual Liability Owners/Landlords/Tenants b Manufacturers/Contractors Explosion Hazard � Collapse Hazard Underground Property Damage J-2 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY b Products/Completed Operations P Broad Form Property Damage b Extended Bodily Injury P Broad Form Comprehensive P General Liability Endorsement I P Pollution Liability P Liquor Liability P b 12. A b deductible or b self-insured retention (check one) of $ applies to all coy crage(s) except. if none, so state). The deductible is applicable b per claim or b per occurrence (cheek one). 13. This is an U occurrence or b claims made policy (check one). 14. This endorsement is effective on at 12:01 A.M. and forms a part or Policv Number 1. (print name), hereby declare under penalty of perju►-\under the laws of the Slate of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 19 Phonc No ( ) Signature of Authorized Representative (Original signature only: no facsimile signature or initialed signature accepted) J-3 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY ADDITIONAL. INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address ofnarned insured ("Named Insured') Name and address of Insurance Company ("Compony'): General description of agreements ), permii(s), license(.), and/or aeiiviry(ie.v) insured- NotN\ ithStanding am inconsistent statement in the policy to which this endorsement is attached (the Tolic.v") of in am cndorscmcnt nolo or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Namcd Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. ?. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance. and no other insurance maintained by the Additional Insureds shall be called upon to contribute ith the Insurance coverages pro\ Acd by the Policy. 3. Each insurance coy CIagC under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the police against another insured under the policy. All such claims shall covered as third - part\. claims, i.c., in the same manner as if separate policies had been issued to tach insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided Undcr the policy l he Insurance afforded b\ the Policy for contractual liability insurance (subject to the terms, conditions and CXCILISIons applicable to SLICK IIISLIIanCC) Includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the \\Titten agreement(s) or pernlit(s) designated above, between the Named Insured and the Additional Insureds. G. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after J-4 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY mitten notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in 11111 Iorcc and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereb%, agreed that the laws of the State of California shall apply to and govcnl the validity. construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to �\aiyc. alter or extend am of the limits, agreements, or exclusions of the polio' to 1vI11CIl tills endorsement is 1Itachccl. TYPE OF COVERAGES] u WHICI I POLICY PERIOD THIS F.NDORSI MFN'I' Al-I'ACFII:S FROWFO LIMITS OF LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. includes: 1) Any Automobiles � All 0mied Automobiles 1) Non-owied Automobiles � Ilircd Autonlobilcs 9;Oj'_±I4157'-IN X)l L.+jlydl 109-2677-1 U Truckers Coverage U Motor Carrier Act h Bus Regulatory Reform Act U Public Liver Coverage J -S ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Scheduled Automobiles b Garage Coverage 12. A P deductible or � self-insured retention (check one) of S applies to all coverage(s) except: none, so state). The deductible is applicable p per claim or � per occurrence (check one). 13. This is an U occurrence or � claims made policy (check one). 14 This endorsement is cfl'ccti%c on at 12:01 A.M. and forms a part of Policy N Lunba- 1 (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my csccution hereof, I do so bind the Company. Executed Phone No.: ( ) m Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature aeceptecl) J-6 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY U Scheduled Automobiles b U Garage Coverage u 12. A � deductible or u self-insured retention (check one) of $ applies to all coverage(s) cxccpt: (iJ none, so store). The deductible is applicable p per claim or U per occurrence (check one). l3. This is an 1) Occurrence or U claims made policy (cheek one). 14 This endorsement is effccti\ c on at 12:01 A.M. and forms a part of Policy I (print name), hereby declare under penalty of perjury under the la\�s of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. EXCCUIcd Phone No.: ( ) 19 Signature of Authorized Rcprescntativc (Original signature only; no facsimile signature or initialer/signature accepter/) J-6 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY h�hd! 1(.)_6 ,.i ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address ofnamed insured ("Named Insured'): Name and address ofInsurance Company (" Company'): General description o%a,reenrent(:,). pernrrt(+), liccnse(s), ancl,'oracrivity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: The (''Public Agency"), its elected officials, officers, attorneys agents, employees, and volunteers arc additional insureds (the above named additional insureds arc hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insurcd. The Additional Insureds have no liabilily_ for the payment of any premiums or assessments under the Police. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the POIIC\'. 3 l:aCh uisur,utcc co,cragc under the Police shall apply separately to each Additional Insured against \01om claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by One insured under the police against another insured under the policy. All such claims shall covered as third - party claims, i.e., in the same manner as if separate policies had been issued to each Insurcd. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. >. The insurance afforded by the Policy for contractual liabilily insurance (subject to the terms, conditions and CXCIttSIOnS applicable to such insurance) includes liability assumed by the Named Insured under the indcnutification and/or hold harmless provision(s) contained in or executed in conjunction with the written agrecment(s) or permit(s) designated above, between the Named Insurcd and the Additional Insureds. J-7 ADDITIONAL INSURED ENDORSEMENT 9;,;52; EXCESS LIABILITY G. The police to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after writicn notice to Public Agency. by certified mail; return receipt requested, not less than thirty (30) days prior to the eflccti\ c date thereto. In the event of Company's failure to comply with this notice provision, the police as initial]\drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. x. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction. interpretation, and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorscnncnt, nothing contained herein shall be held to waive_ alter or extend Inv of the Iinn endorsement is attached. its, agreements, or exclusions of the policy to which this I YI'1{ OF COVI:IIA(;Ii, 7'U WI IIc11 110I.Icv PERIOD l 1115 ENIX)RSPMI N'I' A FTACI iFSLIMITS OI: I IZOM/t<) LIABILITY p Following Form U Umbrella Liability U 11. Applicable underlying coverages: INSUKANCI COMPANY AMOUN I POLICY NO I' I h� Ic�ll< ung uiclusions_ CxCIUSIo11S, extensions or specific provisions relate to the above coverages: J_8 ADDITIONAL INSURED ENDORSEMENT 9;0,25 Ips'_-(NelX)t Jljhdl In9�F�7? a EXCESS LIABILITY 13. A P deductible or u self-insured retention (check one) of $ applies to all cc%crage(s) except: (if none. so state). The deductible is applicable � per claim or U per occurrence (check one). 13. This is an u occurrence or u claims made policy (check one). 14. This endorsement is effective on at 12:01 A.M. and fornis a part of Policy Number 1 (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Compam to this endorsement and 1.11,11. b\ my czccution hereof, l do so bind the Company. Executed phone No.:( 95051_5 10512-00(m)l Is11,d! 1091677 4 19 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) J_9 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY CITY COUNCIL REPORT r� AGENDA NO. � MEETING DATE: October 15, 1996 TO: Honorable Mayor and City Council Members FROM: Terrence L. Belanger, City Manager ,1 y SUBJECT: Discussion of Proposed Proposition 218 - Voter Approval for Local Government Taxes. Limitations on Fees, Assessments, and Charges. ISSUE STATEMENT: Shall the City Council oppose or support Proposition 218, which would deem voter approval necessary for the imposition and levy of local government taxes, fees, assessments, and charges? RECOMMENDATION: It is recommended that the City Council consider the language in the Legislation and its ramifications on the City of Diamond Bar, and then determine whether or not to oppose or support the Legislation. FISCAL IMPACT: According to the Attorney General, the Legislative Analyst estimates a state and local government fiscal impact on existing revenues and new revenues. By July 1, 1997, local governments would be required to reduce or repeal existing property -related fees and assessments that do not meet the measure's restrictions. The measure's restrictions and voter approval requirements would constrain new and increased taxes, fees, assessments, and charges. The Legislative Analyst estimates short-term local government revenue losses of more than $100 million annually, and long-term local government revenue losses of potentially hundreds of millions of dollars annually. Local government revenue losses would result in comparable reductions in spending for local public services. BACKGROUND/DISCUSSION: Local governments provide many services to people and businesses in their communities. To pay for these services, local governments raise revenues by imposing taxes, fees, assessments, and charges. This constitutional measure would make it more difficult for local governments to raise these revenues because Proposition 218 requires a majority of voters to approve the increases in general taxes, fees, property -related assessments, and charges. A YES vote in support of this measure means that the City of Diamond Bar's ability to charge assessments and certain property -related fees would be significantly restricted. Spending for local public services would be reduced accordingly, and many existing and future local government taxes, fees, assessments, and charges would be subject to voter -approval. A No vote opposing this measure means that the City of Diamond Bar could continue to collect existing property -related taxes, fees, assessments, and charges to pay for local public services. Local governments would have no new voter -approval requirements for revenue increases. Prop. 218 would require a ratification election each year for each of the three Lighting and Landscaping Districts located in Diamond Bar (District No. 38, No. 39, No. 41). The amount of assessments that the districts generate annually is approximately $550,000. District No. 38 generates $260,115 in assessments. District No. 39 generates $165,360 in assessments. District No. 41 generates $124,141 in assessments. Aside from the costs of the elections themselves, the City would stand to lose $550,000 in assessment revenues, which would result in the use of general fund monies to replace the loss of assessment revenues. PREPARED BY: Anne M. Haraksin, Administrative Assistant CITY COUNCIL REPORT AGENDA NO. � , Z, MEETING DATE: October 15, 1996 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger,City Manager ib SUBJECT: DISCUSSION OF PROPOSITION 204 ISSUE STATEMENT: Shall the City Council endorse or oppose Proposition 204 which provides for a bond issue of $995 million to provide a safe, clean, and reliable water supply? RECOMMENDATION: It is recommended that the City Council review specific language of Proposition 204 before making a determination whether to support or oppose the measure. FINANCIAL SUMMARY: General Fund cost of up to $1.8 billion to pay off both principal ($995 million) and interest ($776 million).The average payment for principal and interst over 25 years would be up to $71 million per year. DISCUSSION: Proposition 204, purportedly aims to ameliorate California's water supply by providing for a bond issue of $995 million that would ensure safe drinking water, increase water supplies, protect against flooding, and mitigate pollution in California's waterways. Proponents of 204 have put forth the argument that clean water is the "lifeblood" of California's economy; that clean water will protect existing jobs, as well as create new ones. Proposition 204 accomplishes the aforementioned goals through cost-effective means which do not require a tax increase. Proponents argue that we must act now in order to avoid future, more costly water shortages. Additionally, 204 funds enable California to repair and improve our water delivery system, which is currenity vulnerable to seismic disturbances. Opponenents of this measure question the true existence of a statewide "water crisis". Even if one does, in fact, exist, it is argued that Prop. 204 is much too costly and unfairly burdens California taxpayers. Why should residential customers have to subsidize the activties of agricultural and commercial customers, who utilize 85% of our water supply? Why should taxpayers be forced to pay for the damages engendered by polluters? Lastly, the claim that Prop.204 would boost our economy Iis countered by the assertion 2 that increased reaulatinnc wn"iei �t;fi�, met ntimulate, husiness growth. Opponents recommend that funding occur at the local level, as opposed to the state level. PREPARED BY: (Alejandro Menchaca, Administrative Intern) INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER �i RE: PROPOSITION A - SAFE NEIGHBORHOOD PARKS ACT OF 1996 DATE: OCTOBER 15, 1.996 ISSUE: Shall the City of Diamond Bar take position on the passage of Proposition A, aka, the Los Angeles County Safe Neighborhood Parks Act of 1996 (Prop A)? DISCUSSION: Prop A would provide $319 million for a wide variety of park, open space, beach and facility acquisition, development and restoration, throughout Los Angeles County. Proponents of Prop A indicate that $40 million is earmarked for the San Gabriel Valley. As regards Diamond Bar, the amount that.the City would receive is $276,026. The City has no specific projects being funded through the proposition. It should be noted that the Wildlife Corridor Conservation Authority would receive $10 million for the acquisition of property in the Puente Hills/Tonner Canyon area. The City of Diamond Bar property owners and residents would pay, over the life of a twenty-five (25) year bond issue, $.001/square foot for single family residential properties. Beyond single family residential uses, the property assessment would be based upon size and use of parcels. The minimum Prop A assessment amount per parcel appears to $6.76 per year. The City has a total of 17,556 parcels of land. Therefore, a reasonable minimum estimate of the total cost to Diamond Bar is $2,927,460. The maximum estimated amount is likely to be excess of $4,500,000. RECOMMENDATION: It is recommended that the City Council discuss the provisions of Proposition A and determine its position regarding the passage of Proposition A. AGENDA ITEM NO. 9.4 NO DOCUMENTATION AVAILABLE FOR DISCUSSION PURPOSES ONLY MINUTES OF THE BOARD OF DIRECTORS ��APr REGULAR MEETING OF THE DIAMOND BAR REDEVELOPMENT AGENCY SEPTEMBER 17, 1996 1. CALL TO ORDER: Chairman Werner called the meeting to order at 10:55 p.m. ROLL CALL: Agency Members Ansari, Harmony, Herrera, Vice - Chairman Huff, Chairman Werner Also present were: Terrence L. Belanger, Executive Director; Frank Usher, Assistant City Manager; Amanda Susskind, Assistant Agency Attorney; James DeStefano, Community Development Director; George Wentz, Director of Public Works; Bob Rose, Community Services Director and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: None 3. 4 5. 4 CONSENT CALENDAR: 3.1 CONTINUED MINUTES: A. Regular Meeting of August 20, 1996 - Continued to September 24, 1996. B. Regular Meeting of September 3, 1996 - Continued to September 24, 1996. 3.2 APPROVED VOUCHER REGISTER - AM/Ansari moved, VC/Huff seconded, to approve Voucher Register dated September 17, 1996 in the amount of $160. With the following Roll Call vote, motion carried: AYES: AGENCY MEMBERS - Ansari, Harmony, Herrera, VC/Huff, C/Werner NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None OLD BUSINESS: NEW BUSINESS: None 5.1 ACTIONS RELATING TO INITIATION OF A REDEVELOPMENT PLAN ADOPTION PROCESS - Continued to September 24, 1996 at 7:00 p.m. AGENCY MEMBER COMMENTS: None 5. AGENCY SUB -COMMITTEE REPORTS: None SEPTEMBER 17, 1996 PAGE 2 D.B. REDEV. AGENCY 6. AGENCY ADJOURNMENT: There being no further business to conduct, C/Werner adjourned the meeting at 11:00. LYNDA BURGESS, Agency Secretary ATTEST: Chairman IUTAIUTj=g or TLJC Ow� ADJOURNED REGULAR MEETING OF THE 41D DIAMOND BAR REDEVELOPMENT AGENCY 44PSEPTEMBER 24, 1996 CALL TO ORDER: Chairman Werner called the meeting to order at 9:02 p.m. ROLL CALL: Agency Members Ansari, Harmony, Herrera, Vice - Chairman Huff, Chairman Werner Also present were: Terrence L. Belanger, Executive Director; Frank Usher, Assistant City Manager; Amanda Susskind, Assistant Agency Attorney; James DeStefano, Community Development Director; Bob Rose, Community Services Director and Tommye Nice, Deputy Secretary. 2. PUBLIC COMMENTS: None 3. CONSENT CALENDAR: 3.1 CONTINUED APPROVAL OF MINUTES: A. Regular Meeting of August 20, 1996 - Continued to October 1, 1996. B. Regular Meeting of September 3, 1996 - Continued to October 1, 1996. 4. OLD BUSINESS: None 5. NEW BUSINESS: 5.1 ACTIONS RELATING TO INITIATION OF A REDEVELOPMENT PLAN ADOPTION PROCESS: (A) RECEIVED AND FILED THE BLIGHT ASSESSMENT REPORT - AM/Ansari moved, VC/Huff seconded to receive and file the Blight Assessment Report for the D. B. Redevelopment Study Area. Motion carried 4-1 (AM/Harmony voting no). (B) ADOPTED RESOLUTION NO. RA -96-07 ENTITLED: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY DESIGNATING A REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES PURSUANT TO CALIFORNIA COMMUNITY REDEVELOPMENT LAW (HEALTH AND SAFETY CODE SECTION 33000, ET SEQ.) - In response to MPT/Huff, ED/Belanger reported that if the Redevelopment Agency wishes to add areas to the survey area map for study purposes, the Agency would be required to recess its meeting back to the City Council, SEPTEMBER 24, 1996 PAGE 2 D.B. REDEV. AGENCY amend Exhibit A of the adopted Resolution to include those areas, readopt the Resolution and send it back to the Agency for consideration. He recommended that areas should be added only and that areas targeted for elimination should be further analyzed. AM/Herrera moved, AM/Ansari seconded to adopt Resolution No. RA -96-07 entitled: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY DESIGNATING A REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES PURSUANT TO CALIFORNIA COMMUNITY REDEVELOPMENT LAW (HEALTH AND SAFETY CODE SECTION 33000, ET SEQ.) Motion carried 4-1 (AM/Harmony voting no.) (C) ADOPTED RESOLUTION NO. RA -96-08 ENTITLED: A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT AGENCY APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 2 WITH THE CITY OF DIAMOND BAR (in the amount of $150,000) - AM/Harmony asked when further expenditures would be requested of the Redevelopment Agency. CM/Belanger stated that funding will be needed to accomplish the tasks outlined in items (E) and (F). VC/Huff moved, AM/Ansari seconded to adopt Resolution No. R- 96-08. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Ansari, Herrera, VC/Huff, C/Werner NOES: AGENCY MEMBERS - Harmony ABSENT: AGENCY MEMBERS - None (D) APPROVED AN ADJUSTMENT IN THE BUDGET FOR FISCAL YEAR 1996-1997 ADDING $131,000 TO THE PROFESSIONAL SERVICES ACCOUNT AND ADDING $19,000 TO THE LEGAL SERVICES ACCOUNT - AM/Herrera moved, AM/Ansari seconded to approve an adjustment in the budget for Fiscal Year 1996-1997 adding $131,000 to the Professional Services account and adding $19,000 to the Legal Services account. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Ansari, Herrera, VC/Huff, C/Werner NOES: AGENCY MEMBERS - Harmony ABSENT: AGENCY MEMBERS - None (E) APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH ROSENOW SPEVACEK GROUP, INC. (R.S.G.) FOR SEPTEMBER 24, 1996 PAGE 3 D.B. REDEV. AGENCY REDEVELOPMENT PLAN PREPARATION AND ADOPTION SERVICES AND MAP AND LEGAL DESCRIPTION PREPARATION SERVICES AT A TOTAL COST OF $75,980 - In response to AM/Harmony, ED/Belanger stated that, unless specific low-cost housing projects are presented to the City, the Redevelopment Plan will not necessarily designate where such housing might be located. The Plan will address how redevelop- ment monies, as they are acquired, must be utilized in the area of implementing the General Plan and Housing Element contained therein. AM/Ansari moved, VC/Huff seconded to approve a professional services agreement with Rosenow Spevacek Group, Inc. (R.S.G.) for redevelopment plan preparation and adoption services and map and legal description preparation services to be consistent with the City's General Plan and California Redevelopment Law at a total cost of $75,980. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Ansari, Harmony, Herrera, VC/Huff, C/Werner NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None (F) APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH COTTON/BELAND/ASSOCIATES, INC. (C.B.A.) FOR PREPARATION OF A PROGRAM ENVIRONMENTAL IMPACT REPORT RELATIVE TO THE ADOPTION OF A REDEVELOPMENT PLAN, AT A COST OF $54,335 - AM/Ansari moved, AM/Herrera seconded to approve a professional services agreement with Cotton/Beland Associates, Inc. (C.B.A.) for preparation of a program environmental impact report relative to the adoption of a Redevelopment Plan at a cost of $54,335. In response to AM/Ansari, CDD/DeStefano explained the City and the Redevelopment Agency issued an RFP to about 20 firms. Six reports were received and reviewed. Staff considered proposal content, team member experience and the proposing firm. Cotton/ Beland/Associates, Inc. has prepared at least 30 EIRs for Redevelopment Agencies in recent years. Twelve of those projects included work performed by RSG. In addition, some of the projects included work that had been reviewed by D.B.'s City Attorney. Staff concluded that the team experience provided by Cotton/ Beland/Associates, Inc. and the cost of their services was the most appropriate for the work deemed necessary. Motion carried unanimously by the following Roll Call vote: SEPTEMBER 24, 1996 PAGE 4 D.B. REDEV. AGENCY AYES: AGENCY MEMBERS - Ansari, Harmony, Herrera, VC/Huff, C/Werner NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 4. AGENCY MEMBER COMMENTS: AM/Ansari complimented RSG on the draft report. VC/Huff reiterated his suggestion for renaming the Redevelopment Agency. 5. AGENCY SUB -COMMITTEE REPORTS: None 6. ADJOURNMENT: There being no further business to conduct, C/Werner adjourned the Redevelopment Agency meeting at 9:42 p.m. ATTEST: Chairman TOMMYE NICE, Deputy Agency Secretary RICHARDS, WATSON & GERSHON ATTORNEYP nT 1 AW A PROPESMONAL I , GLENN R. WATSON OA E. ROBERTO. BEVERLY JOF J. M MARRY L GERSHON ICIj O. IB DOUGLAS W. ARGUE MARK L LAMKEN ROS N D. M ARNOLD SIMON LJL WIlNlR ER WIN E. ADLER DAROLD D. REPER MK: 0. COLANTUOI'M ALLEN E. RENNETT C. EDWARD OILKES STEVEN L DORSEY PETER M. TtiORSON WILLIAM L STiWU= DESOMM R HAHMAN ANTHONY B. DREWRY B. TLOEN KIM MITCHELL E. ABBOTT RUSIN O. WONER TIMOTI y L NEIPSLD SASIGA T ASAMURA GREGORY W. STEPANICICH KAYSER O. SUMS ROCHELLE BROWNS SAUL JAPPE MARIE MADRIO MICHAEL JENMNO WILL" B. RUDELL REBECCA CRA10 A OTElL! QUINN M. BARROW T. PETER AlROE CAROL W. LYNCH BEI4JAMIN BIIRIJOLAY JlPPRlY A MEIN TERENCE R. EOGA E GREGORY M. KUNEW ppUGLAS w CA THOMAS M. JIMBO DANIEL L RNA L "N MICHELS REAL S a E GROOS SIcINO AMANDA P. OUEEWND - A. CLARM ROBERT C. CSCCON SAYRE WEAVER ROKANNE M. DMY STEVEN M. KAUFMANN DS DOR 1 BEET ►90071-1469 1-007 ER _R >1 NUMBER :0{ EARLY POLL RESUL THE "RIGHT TO v01,..,1. xrL&jVj0 �%-i Michael G. Colantuono California Contract Cities Association September 21, 1996 San Diego, California According to the San Francisco Chronicle (September 20, 1996 p. A-5), a poll conducted by pollster Mervin Field on voter attitudes regarding Proposition 219, the "Right to Vote on Taxes Act" reveals the following: VOTER AWARENESS Few voters know much about the measure: Likely Voters All voters Not Aware 89% 89% Aware 11 .11 Support 2 3 Oppose 4 4 Not sure 5 5 VOTER REACTION TO OFFICIAL BALLOT SUMMARY After being read the official ballot summary, voters. were evenly split on the measure: Likely Voters All voters Incline to Vote Yes 37% 37% No 38 39 Undecided 25 24 CITY OF DIAMOND BAR 6#4? REGULAR MEETING OF THE REDEVELOPMENT AGENCY44 BOARD OF DIRECTORS OCTOBER 1, 1996 CALL TO ORDER: Chairman Werner called the meeting to order at 8:33 p.m. ROLL CALL: Agency Members Ansari, Harmony, Herrera, Vice -Chairman Huff, Chairman Werner Also present were: Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Jenkins, Agency Attorney; James DeStefano, Community Development Director; George Wentz, Director of Public Works; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 2. PUBLIC COMMENTS: None 3. CONSENT CALENDAR: AM/Herrera moved, AM/Ansari seconded to approve the Consent Calendar. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Ansari, Harmony, Herrera, VC/Huff, C/Werner NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 3.1 APPROVED MINUTES: A. Regular Meeting of August 20, 1996 - Continued from September 24, 1996. B. Regular Meeting of September 3, 1996 - Continued from September 24, 1996. 3.2 APPROVED VOUCHER REGISTER dated October 1, 1996 in the amount of $3,884.30. 4. OLD BUSINESS: None 5. NEW BUSINESS: 5.1 CONSIDERATION OF CHANGE OF NAME FOR THE "DIAMOND BAR REDEVELOPMENT AGENCY'- AM/Ansari stated she was opposed to the proposed name of "Diamond Bar Community Improvement Association" because in her opinion, it would be too easily confused with the "Diamond Bar Improvement Association." AM/Harmony concurred with AM/Ansari. He stated that, in his opinion, the name does not convey the Agency's purpose or intent. OCTOBER 1, 1996 REDEV. AGENCY - PAGE 2 AM/Ansari moved, AM/Herrera seconded to table this item. Motion carried 4-1 with VC/Huff voting No. 4. AGENCY MEMBER COMMENTS: None 5. AGENCY SUB -COMMITTEE REPORTS: None 6. ADJOURNMENT: There being no further business to conduct, C/Wemer adjourned the Redevelopment Agency meeting at 8:42 p.m. ATTEST: Chairman LYNDA BURGESS, Agency Secretary DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Chairman Werner and Board of Directors FROM: Linda G. Magnuson4ccounting Manager SUBJECT: Voucher Register, October 15, 1996 DATE: October 10, 1996 Attached is the Voucher Register dated October 15, 1996 for the Diamond Bar Redevelopment Agency. The checks will be produced after any recommendations and the final approval is received. Payment of the listed vouchers totalling $5,616.94 is hereby allowed from the Diamond Bar Redevelopment Agency Fund. APPROVED BY: Li da G. Man on Accounting Man ger 4rr�en—,, L. Belan r Executive DirectozU Gary H. Werner Chairman Robert S.. Huff Vice Chairman r� iENEOR, NAME ")ENDOR 1D. N- �,­: - ll� . ACZOUNT FQOj.TIX-NO BATCH PILINE"10. C - `IN ------------------------------------------------------------------------------------------------------------ 4 -41 -:SBL'GSE CILJE TOTAL T { ------------------------------------------------------ y Economics RE Affiliated with Drivers Jonas PRESENTATION OF RESEARCH FINDINGS PROSPECTS FOR ECONOMIC DEVELOPMENT IN THE CITY OF DIAMOND BAR CALIFORNIA PREPARED FOR THE CITY OF DIAMOND BAR AND THE DIAMOND BAR REDEVELOPMENT AGENCY PREPARED BY ECONOMICS RESEARCH ASSOCIATES OCTOBER 15, 1996 PROJECT NO. 11841 10990 Wilshire Boulevard, Suite 1600, Los Angeles, California 90024 • (310) 477-9585 Fax: (310) 478-1950 Los Angeles • San Francisco • San Diego • Chicago • Washington. D.C. • London Economics Research A; Affiliated with Drivers Jonas TABLE OF CONTENTS iii PREFACE..................................................................................... I COMMUNITY OVERVIEW....................................................... I- 1 IIntroduction .......................................................................... I- 1 Sociodemographics.............................................................. I- 3 Employment......................................................................... I- 6 II ANALYSIS OF COMMERCIAL REAL ESTATE MARKETS INDIAMOND BAR..................................................................... II- 1 Commercial/Retail Space .................................................... II- 2 Professional Office Space .................................................... II- 2 IndustrialSites..................................................................... II- 3 VacantLand......................................................................... II- 3 III RETAIL SALES........................................................................... III- I IV ECONOMIC BLIGHT................................................................. IV- I Property Conditions/Prior Site Planning ............................. IV- I Market Conditions............................................................... IV- 2 Industrial Space.................................................................... IV- 5 Indices of Economic Blight ................................................. IV- 5 V NICHE MARKETS FOR DIAMOND BAR ................................ V- 1 VI COMMUNITY CAPACITY TO GENERATE ECONOMIC DEVELOPMENT......................................................................... VI- 1 Appendices A INVENTORY OF COMMERCIAL AND INDUSTRIAL PROPERTIES IN THE CITY OF DIAMOND BAR ................... A- 1 B INVENTORY OF DIAMOND BAR BUSINESSES ................... B- 1 C ESTIMATES OF 1995 POPULATION CHARACTERISTICS FOR DIAMOND BAR AD FOR A 5 -MILE RADIUS RING FROM THE CITY CENTER ....................................................... C- 1 iii Economics Research Affiliated with Drivers Jonas Table I-2 DIAMOND BAR RECENT POPULATION AND HOUSING CHANGE Source: 1990 Census, State Department of Finance, and Economics Research Associates. 1990 1991 1992 1993 1994 1995 1996 Residential Population 53,672 53,596 53,756 54,315 54,507 55,284 55,993 Total Housing Units 17,664 17,711 17,741 17,813 17,819 17,853 17,862 SFDUs - Detached 15,126 --- 12,536 12,554 12,560 12,560 12,569 SFDUs - Attached (included --- 2,667 2,667 2,667 2,667 2,667 above) MFDUs - 2-4 units 2,270 --- 495 495 495 495 495 MFDUs - 5+ units (included --- 1,775 1,829 1,829 1,863 1,863 above) Mobile Homes 268 --- 268 268 268 268 268 Occupied Housing Units 16,901 --- 16,992 17,095 17,089 17,111 17,091 Vacant Housing Units 763 --- 749 718 730 742 771 % Vacant 4.32 4.24 4.22 4.03 4.10 4.16 4.32 Persons per Household 3.176 3.160 3.164 3.177 3.190 3.231 3.276 Source: 1990 Census, State Department of Finance, and Economics Research Associates. Economics Research Associates Affiliated with Drivers Jonas Section II ANALYSIS OF COMMERCIAL REAL ESTATE MARKETS IN DIAMOND BAR Table II -1 Summary of Commercial Land Use Survey, Diamond Bar, May 1996 Available Total Acres Sq.Ft. Developable Commercial Sites 34.56 1,507,287 Tenant Vacant Total Vacant Percent Type Spaces Spaces Sq.Ft. Sq.Ft. Vacant CommerciaURetail 491 116 1,160,489± 171,954 14.8% Professional Office n.a. n.a. 1,104,678± 96,157 8.7% Industrial Space 245+ 5 1,061,010± 62,394 5.9% Available Available Acres Sq.Ft. Developable Commercial Sites 34.56 1,507,287 Source: Economics Research Associates. Economics Research Associates Prospectsjor Economic Development Project No. 11841 Page 11-1 to Source: California State Board of Equalization, Department of Finance, ERA N Table III -1 LL Diamond Bar and Surrounding Communities ' Retail Stores Taxable Sales 1991 to 1995 Per Capita Sales ' Annual totals except for 1995 DM 0 _ Qo Year 1991 1992 1993 1994 1995 Q1 1995 Q2 1995 Q3 O 0 Diamond Bar $ 3,176 $ 3,092 $ 2,945 $ 3,023 $ 763 $ 753 $ 779 �• Brea $ 14,981 $ 15,490 $ 15,533 $ 16,646 $ 3,583 $ 4,063 $ 4,004 o y Chino $ 5,835 $ 5,884 $ 5,930 $ 6,895 $ 1,757 $ 1,947 $ 2,265 Chino Hills N/A N/A $ 1,783 $ 1,683 $ 381 $ 395 $ 395 N Industry $1,255,532 $1,303,095 $1,432,886 $1,555,339 $370,336 $410,907 $ 414,885 La Puente $ 3,108 $ 3,033 $ 3,013 $ 3,228 $ 809 $ 846 $ 883 Pomona $ 3,611 $ 3,541 $ 3,429 $ 3,371 $ 889 $ 911 $ 922 3 Walnut $ 1,687 $ 1,922 $ 1,706 $ 1,701 $ 484 $ 478 $ 534 West Covina $ 6,632 $ 6,575 $ 6,389 $ 6,722 $ 1,530 $ 1,728 $ 1,728 N L.A. COUNTY TOTAL SALES $ 5,377 $ 5,332 $ 5,169 $ 5,394 $ 1,273 $ 1,376 $ 1,382 y n to Source: California State Board of Equalization, Department of Finance, ERA N Table III -2 Diamond Bar Taxable Sales 1991 to 1995 by Type Annual totals except for 1995 (x$1,000) • data suppressed for confidentiaNtY Purposes Source: California State Board of Equalization Source: CaRlomis State Board of Equalization, Taxable Sales in Cali/omie,1989-1995. nM a 0 F 0 O CD 0 C- y M M n D 0 N 1991 1992 1993 19% 199601 199802 199503 Permits Transactions Permits Transactions Permits Transactions Permits Transactions Permits Transactions Permits Transadions Permits Transadfons 19 i 1,762 16 S 1,659 13 $ 1,664 13 S 1,578 11 $ 345 no $ 418 10 S 543 �l Stores 2 3• 8 $ 15,015 8 S 2,952 no $ 3,311 7 S 3,349 General Merdwandise�9 2 4 S 7,192 6 S 9,014 8 S 8,923 7 $ 8,731 o f 2,048 no i 1,852 6 $ 1,883 Stoma 16 S 25,200 16 $ 26.199 16 $ 21,950 16 S 20,594 19 S 5,224 no S 4,926 19 i 5,342 Food Stores 8 $ 1,866 5$ 1,525 4 $ 1.144 4 $ 1,010 5 S 247 no $ 260 5 $ 273 Liquor Stares 81 $ 33,018 76 S 31,405 76 $ 30.445 72 S 33,592 74 $ 8,415 no S 8,790 77 $ 8.489 Ea" and DM" Places 25 S 3,447 23 $ 3,073 17 $ 1,800 17 S 2,427 18 $ 593 no S 641 15 $ 682 Home FurnisMnp 13 S 8.319 15 $ 7,809 16 $ 8,552 8 $ 3,330 8 $ 556 no $ 818 7 S 597 Bu8dhr9 mss. 13 $ 25.958 14 S 16.716 11 $ 32,404 12 $ 20,835 12 $ 5,258 no S 4,790 12 S 4,885 Auto Dealers and Supplies 12 S 29.304 13 $ 32.704 13 $ 32,404 13 S 36.829 13 $ 9.295 no S 8.334 14 S 10.974 Service Stations 127 534.135' 139 $36.069• 130 $33.187' 130 $ 20,843 130 $ 7,245 no $ 7,669 131 S 6,290 08rer Retall Stores 320 S 17 1199 325 $ 166.218 305 $ 159,967 300 $ 164,784 304 $ 42,176 $ 41.805 303 S 43,067 TOTAL RETAIL STORES • data suppressed for confidentiaNtY Purposes Source: California State Board of Equalization Source: CaRlomis State Board of Equalization, Taxable Sales in Cali/omie,1989-1995. nM a 0 F 0 O CD 0 C- y M M n D 0 N to Source: California State Board of Equalization, Department of Finance, ERA N Table III -1 LL Diamond Bar and Surrounding Communities ' Retail Stores Taxable Sales 1991 to 1995 Per Capita Sales ' Annual totals except for 1995 DM 0 _ Qo Year 1991 1992 1993 1994 1995 Q1 1995 Q2 1995 Q3 O 0 Diamond Bar $ 3,176 $ 3,092 $ 2,945 $ 3,023 $ 763 $ 753 $ 779 �• Brea $ 14,981 $ 15,490 $ 15,533 $ 16,646 $ 3,583 $ 4,063 $ 4,004 o y Chino $ 5,835 $ 5,884 $ 5,930 $ 6,895 $ 1,757 $ 1,947 $ 2,265 Chino Hills N/A N/A $ 1,783 $ 1,683 $ 381 $ 395 $ 395 N Industry $1,255,532 $1,303,095 $1,432,886 $1,555,339 $370,336 $410,907 $ 414,885 La Puente $ 3,108 $ 3,033 $ 3,013 $ 3,228 $ 809 $ 846 $ 883 Pomona $ 3,611 $ 3,541 $ 3,429 $ 3,371 $ 889 $ 911 $ 922 3 Walnut $ 1,687 $ 1,922 $ 1,706 $ 1,701 $ 484 $ 478 $ 534 West Covina $ 6,632 $ 6,575 $ 6,389 $ 6,722 $ 1,530 $ 1,728 $ 1,728 N L.A. COUNTY TOTAL SALES $ 5,377 $ 5,332 $ 5,169 $ 5,394 $ 1,273 $ 1,376 $ 1,382 y n to Source: California State Board of Equalization, Department of Finance, ERA N Table III -2 Diamond Bar Taxable Sales 1991 to 1995 by Type Annual totals except for 1995 (x$1,000) • data suppressed for confidentiaNtY Purposes Source: California State Board of Equalization Source: CaRlomis State Board of Equalization, Taxable Sales in Cali/omie,1989-1995. nM a 0 F 0 O CD 0 C- y M M n D 0 N 1991 1992 1993 19% 199601 199802 199503 Permits Transactions Permits Transactions Permits Transactions Permits Transactions Permits Transactions Permits Transadions Permits Transadfons 19 i 1,762 16 S 1,659 13 $ 1,664 13 S 1,578 11 $ 345 no $ 418 10 S 543 �l Stores 2 3• 8 $ 15,015 8 S 2,952 no $ 3,311 7 S 3,349 General Merdwandise�9 2 4 S 7,192 6 S 9,014 8 S 8,923 7 $ 8,731 o f 2,048 no i 1,852 6 $ 1,883 Stoma 16 S 25,200 16 $ 26.199 16 $ 21,950 16 S 20,594 19 S 5,224 no S 4,926 19 i 5,342 Food Stores 8 $ 1,866 5$ 1,525 4 $ 1.144 4 $ 1,010 5 S 247 no $ 260 5 $ 273 Liquor Stares 81 $ 33,018 76 S 31,405 76 $ 30.445 72 S 33,592 74 $ 8,415 no S 8,790 77 $ 8.489 Ea" and DM" Places 25 S 3,447 23 $ 3,073 17 $ 1,800 17 S 2,427 18 $ 593 no S 641 15 $ 682 Home FurnisMnp 13 S 8.319 15 $ 7,809 16 $ 8,552 8 $ 3,330 8 $ 556 no $ 818 7 S 597 Bu8dhr9 mss. 13 $ 25.958 14 S 16.716 11 $ 32,404 12 $ 20,835 12 $ 5,258 no S 4,790 12 S 4,885 Auto Dealers and Supplies 12 S 29.304 13 $ 32.704 13 $ 32,404 13 S 36.829 13 $ 9.295 no S 8.334 14 S 10.974 Service Stations 127 534.135' 139 $36.069• 130 $33.187' 130 $ 20,843 130 $ 7,245 no $ 7,669 131 S 6,290 08rer Retall Stores 320 S 17 1199 325 $ 166.218 305 $ 159,967 300 $ 164,784 304 $ 42,176 $ 41.805 303 S 43,067 TOTAL RETAIL STORES • data suppressed for confidentiaNtY Purposes Source: California State Board of Equalization Source: CaRlomis State Board of Equalization, Taxable Sales in Cali/omie,1989-1995. nM a 0 F 0 O CD 0 C- y M M n D 0 N 104 102 100 % e 94 a 92 90 a8 86 Fipre III -1 RETAIL STORES TAX REVENUE ------------------------------------------------------------- -----------------, 40 rte.' ` ♦♦ -------------------- lk ------------- ------------------ --------------- 40 I / 000, � ------ -- ` , / --------- 1�----4L ------------------------------------------- IV ------------------------------------------------------------------------------------ 1----------------------------------------------------------------------------------I I-----------------------------------------------------------------------------------I 1990 (1) Preliminary Index 1990=100 1991 1992 1993 1994 Year • . - city —.—canny ---*---State Dm Qo �O A N 0 3 n CD CD a cn 0 Table IV -1 Matrix of selected retail site atltributes In Diamond Bar Site Location Skrpe and elevation problems Poor location of separate development pads Discontinuous alignments Unusual access to iMetkN structures No large SPOON Poor regional visiblity Country Hills Towne Center Diamond Bar & Cold X Diamond Bar Shopping Center 2W-334 Diamond Bar Blvd. X Diamond Bar Town Center Dino Bar & Grand X X X X Diamond Bar Towne Center 1100-1190 Diamond Bar Blvd. X X Diamond creek VMap Center Golden & Bros Canyon FairwayPlaza eros Canyon a Diamond Bar X x X X x Golden SprkW Plaza Golden Spirilp R Lemon X X X X K -Mart Center 249-315 Diamond Bar Blvd. X MonteMo Conder 1385-1441 Diamond Bar Blvd. X X Montelito Plaza 1345 Diamond Bar Blvd. X X Pia pimmid Bar Psd*x ar 6 Bma Canyon X X X X X X Ranch Center 800404 Diamond Bar Blvd. X X X Sunset ~ 1241 Grand X X X Village Towne Center Diarnond Bar & Grand X X Vineyard Bank Plaza Diamond ear & Grad X X X X Source: Economics Research Associates. �4� :onomics Research Associates Affiliated with Drivers Jonas Section V NICHE MARKETS FOR DIAMOND BAR Five initial retail concepts emerged from this scan of possibilities: 1. New and upgraded restaurants and the rapidly evolving "experience restaurant" groups (e.g. Rainforest Cafe, Country Star, P.F. Chang's, etc.). 2. Specialty retail collections which move toward the "anti -mall" phenomena now developing in upper middle income market areas. 3. Retail -dining -entertainment ("RDE") assemblies which are becoming "trademarked" regional attractions. 4. Conversion of available vacant buildable office park pads to higher value higher volume retail outlet potentials (e.g. computer stores such as Fry's, food markets such as Bristol Farms, athletic and sports equipment stores such as Sportmart, etc.). This concept particularly focuses upon appropriately located pads at the Gateway Corporate Center. S. "Crossroads retail" nodes. Presently Diamond Bar contains a unique property assembly on the southeast comer of Golden Springs Drive and Grand Avenue which could accommodate major chain retailers such as a bookseller (Barnes and Noble, Borders Books and Music, Bookstar, Super Crown, etc.) and/or an assembly of higher quality stores such as: • Restoration Hardware • Williams Sonoma • Crate and Barrel • Gap and others. Economics Research Associates Prospects for Economic Development ERA Project No. 11841 Page V-1 Table VI -2 CITY OF DIAMOND BAR PER CAPITA RESIDENT DEMAND FOR COMMERCIAL BUILDING AREAS BASED ON 1996 POPULATION OF 56,000 Restaurants and Take -Out Food Supermarket./Food Stores Convenience Shops Community Centers (addition to neighborhood center for junior department stores, some shopper goods) Regional Centers (department stores, apparel and specialty) Discount Stores Strip Retail and Miscellaneous Furniture, Building Materials, Decorator Automotive, Boats, Vehicular Sales and Parts Gas Stations Tourist/Specialty Centers All Retail Total 78,400 Net Potential Total Square Feet Total Demand In -Community Incremental Per Capita in Buying Area (Incremental/ Demand (in Buying Area) (sq.%) Peripheral) (sq -ft-) 3.0 168,000 1.3 72,800 4.2 235,200 4.0 224,000 1.8 100,800 1.8 100,800 1.4 78,400 0.5 4.5 252,000 0.0 1.9 106,400 0.0 1.7 95,200 0.8 3.8 212,800 0.5 4.8 268,800 0.4 2.0 112,000 0.8 _2 50.400 _.9.1 30.0 1,680,000 10.2 Financial Institution Branches 1.5 84,000 1.3 Other Local -Serving Office 4.4 246,400 3.8 Regional -Serving Office 7.0 392,000 0.0 National Office _X0 MO -0.0 Total Office 18.9 1,058,400 5.1 Hotel and Motel 2.5 140,000 0.0 Cinema 0.7 39,200 0.8 Commercial Recreation _20 -112,000 _U Total Other 5.2 291,200 0.8 Total Building Area 54.1 3,029,600 16.1 Industrial and Warehouse Space 50.0 2,800,000 15.0 28,000 44,800 28,000 22,400 44,800 571,200 72,800 212,800 285,600 44,800 44,800 901,600 840,000 Note: This is a methodology for evaluating demand from the whole community, and for estimating demand caused by incremental population growth (usually at the periphery of the existing urbanized area of the community). Source: Economics Research Associates. C Economics Research Associates Affiliated with Drivers Jonas Table VI -3 CITY OF DIAMOND BAR COMPARATIVE COMMERCIAL AND INDUSTRIAL DATA (Floor Space in Square Feet) Commercial Industrial Floor Areas Floor Areas Total 1. Inventory of Estimated Existing Space in the General Plan Document Retail 1,950,000± Office 2,750.000± Total 4,700,000± 1,165,000± 5,865,000± 2. Target of Space in the General Plan Retail 2,559,150± Office 1,822-520± Total 4,388,670± 1,012,770± 5,401,440± 3. May 1996 Inventory of Existing Space (by ERA) Retail Office Total 1,160,500± 1,104.700± 2,265,200± 1,061,000± 3,326,200± 4. Total City Resident Space Demand at Square Feet Per Capita in Buying Area (by ERA) Retail 1,971,200± Office 1,058.400± Total 3,029,600± 2,800,000± 5,829,600± 5. Total Incremental Demand at Square Feet Per Capital in Community Retail 616,000± Office 285.600± Total 901,600± 840,000± 1,741,600± From General Plan Land Use Element, page I-4, Table 1-1. This data appears to show the potential developable floor area — both existing and at buildout under prior land use designation for vacant properties. ZFrom General Plan Land Use Element, page 1-25, Table I-3. This data shows potential buildout of floor space under the adopted General Plan. Source: City of Diamond Bar General Plan, and Economics Research Associates. Economics Research Associ Affiliated with Drivers Jonas N11841V1.T4 Table V14 PRELPXNARY SUMMARY OF RESEARCH FINDINGS • 30 sites inventoried • 491 tenancies, of which 116 were vacant (24%) • 1,160,489 sq.ft. of total floor area, of which 171,954 sq.ft. was vacant (15%) • 22 sites inventoried • Data on tenancies incomplete • 1,104,678+ sq.ft. of total floor area, of which 96,157 sq.ft. was vacant (9%) • 20 sites/facilities inventoried • There are 245+ tenancies; there appears to be vacant available space for 34+ tenancies (14%) • 1,061,010+ sq.ft. of total floor area, of which 62,364 sq.ft. was vacant (6%) • 11 vacant available sites • 35+ acres • 9 of the sites lie within the Gateway Center development area Source: Economics Research Associates. Economics R Affiliated with Drivers Jonas i Associate # 11841 VLT7 Table VI -7 CITY OF DIAMOND BAR "MARKET REPUTATION" 1. Virtually all data sources (governmental and private, including commercial market demand/"buying power" indicators) define Diamond Bar positively as a healthy higher end sociodemographic/spendable income place. (Census, SCAG, DoF, UDS, Sales and Marketing Management, etc.) 2. Known location — because of the freeway interchanges — with a reputation of freeway congestion. 3. Like many other communities, it is considered a well-to-do peripheral hillside community contributing to the prospects of new retail arrivals on the San Gabriel Valley Floor — which is generally overbuilt and internally cannibalizing itself as chains, centers, and districts close stores, consolidate floor space, and are diluted by new "shop for value" arrivals. 4. Communities surrounding Diamond Bar know relatively little about the City's retail base — it's hidden away by the topography. 5. The casual observer and the regional residents get it right the first time when they see the City's retail centers — Diamond Bar is predominantly a collection of neighborhood and community shopping centers. 6. Differentiation of goods (i.e. "shop for value") has happened elsewhere nearby in the San Gabriel Valley and recently in Pomona and Chino — in very high -visibility freeway -oriented locations. Clusters of power centers, "big boxes," and other more recent retail market entrants have and are occurring on very large available property groups greater in size than Diamond Bar commands. 7. Because of the strength of household purchasing power, and the convenience of in - community locations, the City's neighborhood and community shopping centers may not be in serious jeopardy from the "shop for value" bulk buying phenomenon. 8. Diamond Bar is part of a larger cluster of high income households including Rowland Heights, Walnut,Chino Hills, and the Phillips Ranch portion of Pomona. Source: Economics Research Associates. Economics I Affiliated with Drivers Jonas Table VI -8 *11841VI38 CITY OF DIAMOND BAR RETAIL/COMMERCIAL/INDUSTRiAL OBSERVATIONS 1. Retention and transition must be simultaneous goals. Markets capture/penetration must be retained. Existing tenants should be retained — and must transition themselves as consumer retail, office demand, and industrial space users are transformed. 2. The City has many business firms, more than 1.500. There are 1,239± State sales tax permit holders of which 303 are recorded by the State as being retail stores in late 1995. There are 245 industrial tenancies. There are 200± office space tenancies (probably considerably more). 3. Diamond Bar is a regionally convenient location — becoming more central as the Southern California urban region continues to infill. Like the "rediscovery" of Pomona, Diamond Bar benefits from a "midway" position and from oncoming regional transformation as "Gateway" to: • Orange County • San Gabriel Valley • Western San Bernardino Valley 4. The range of available floor areas (size, quality) provides for new business start ups, expansion within the community, and new location choice by medium-sized firms. In the near term (for the net 2 to 3 years) the City must concentrate upon partnerships with existing property owners targeted at retenanting existing floor spaces. The City has already begun to concentrate on the retail properties and has assembled a floor space data base and information packets which can be proactively used with potential tenant prospects. 5. If the "price is right" concerning all elements of lease terms, Diamond Bar should be able to excel as a higher end incubator/new firm startup location in both its office and industrial space inventories.. Source: Economics Research Associates. comics Research As: Affiliated with Drivers Jonas 4 1184 1 VI.T9 Table VI -9 COMPARATIVE COSTS OF DOING BUSINESS AND INCENTIVES PROGRAMS 'Many of the cities report they will uniquely negotiate inducements on a case-by-case basis. This column deals only with program or project areas. ZE,G,T,W = Electricity, Gas, Telephone, Water. Over 5 years Pomona will reduce its utility user tax rates to 5 percent. Source: 1996 Kosmont Survey of Municipal Business Fees, Taxes, and Economic Incentives, and Economics Business Utility Incentives License Tax User Tax Programs' Diamond Bar Only used for business None None registration purposes Walnut Low fees, employee based, None None maximum is $150 Pomona Gross receipts, and per 10% 11 CRA projects employee fee E,G,T,WZ Revitalization (state) tax credits West Covina Per employee fee None 1 consolidated redevelopment area Los Angeles County Only used for business 5% None in area near registration purposes E,G,T Diamond Bar Chino Hills $50/business/year; a None None registration purpose Chino Gross receipts, and employee None 3 redevelopment areas fees with low caps Brea Gross receipts with low caps None 3 redevelopment areas 'Many of the cities report they will uniquely negotiate inducements on a case-by-case basis. This column deals only with program or project areas. ZE,G,T,W = Electricity, Gas, Telephone, Water. Over 5 years Pomona will reduce its utility user tax rates to 5 percent. Source: 1996 Kosmont Survey of Municipal Business Fees, Taxes, and Economic Incentives, and Economics Economics Research Assoc Affiliated with Drivers Jonas Table VI -10 #11841VLT10 POTENTIAL ADDITIONAL ECONOMIC DEVELOPMENT INITIATIVES Note: These concepts have risen from conversations between the consultants and City staff, and are developed in note form here for further consideration. Potential commercial tenancy space in the SCAQMD building. As District staffing downsizes floor spaces will be available. The landmark character of the building represents an opportunity to market discrete floor spaces for emerging technology creators — principally as office floor users. This initiative also provides for a positive and futures -oriented marketing theme. Technical education uses will also be appropriate. 2. Upgrade/improve clubhouse hosting capacities at the Diamond Bar Golf Course in joint venture with Los Angeles County. Clubhouse capabilities could be expanded (or replaced) so that small regional business meetings, social events, and larger amateur golf tournaments could be programmed at the site. The business objective would be the attraction of regional events, which would greatly enhance community reputation and potential business tenant capture as well. Additional commercial sports/fitness ventures, on adjoining private properites, concentrate a unique draw to the City and will be in conformance with capture of nearby upper income household recreational expenditures. "Diamond Bar Home Office" — a series of initiatives: A. To market the re-emerging regional locational advantages for office space. B. To market the City as "home office friendly" for creative talents and professionals who desire to establish true offices at home. C. To focus upon capture of the series of services and technologies which both regional offices and offices at home require in order to gain and hold competitive location advantages. The Citywide Business Improvement District This concept involves formulation of an assessment district for marketing all of the City's commercial retail, office, and industrial potentials. It could generate, through very modest assessments, a budget for targeted promotional activities, outreach to capture needed infill retail and commercial services businesses (and tenants), and create a communitywide business development corporation which operates the programs with the assessment funding under contract with the City. This type of initiative should probably be pursued after the November, 1996 vote on Proposition 218 --"the right to vote on taxes act." Professional retail recruitment. While City staff have prepared excellent data bases and are fully familiar with the retail locations experiencing tenant vacancies, it will be appropriate to next consider engaging a firm to deliberately identify and pursue retail tenant prospects. A specific proposal has been made for such services. Source: Economics Research Associates. ,s Research Ass( Affiliated with Drivers Jonas Table VI -11 EXAMPLE POTENTIAL NEAR TERM NEW COMMERCIAL AND INDUSTRIAL DEVELOPMENT PROJECTS M DIAMOND BAR (1996-2000) 1. "RDE"--retail/dining/entertainment project (80,000 sq.ft.) 2. New multi -screen cineplex (34,000 sq.ft.). 3. Multi -tenant industrial development at school district property site (120,000 sq.ft.) 4. Technical school lease/possessory interest use of portion of SCAQMD Space (40,000 sq.ft.) 5. Dinner house/banquet facility on hilltop/overlook site (10,000 sq.ft.) 6. "Upscale retail collection" (30,000 sq.ft.) 7. "Computer warehouse" retailer (100,000 sq.ft.) 8. High security high value electronics distribution warehouse --"just in time" turnover rates (in the industrial area) (100,000 sq.ft.) 9. K -Mart expansion project (+40,000 sq.ft.) 10. Orchard Supply Hardware (OSH) type retailer (80,000 sq.ft.) 11. Existing community shopping center renovation (100,345 sq.ft.) 12. Sports-fitness/tennis center near/adjacent to Diamond Bar Golf Course (40,000 sq. ft. + 12 tennis courts) AGENDA ITEM NO. 4.1 NO DOCUMENTATION AVAILABLE MAKE A DIFFERINCE DAY 1 W z a s = v a July 17. 1996 pO Dear Mayor. DOING GOOD y As cities face increasingly complex problems. communities are finding new value in volunteers. annual tradition across the For this reason Make A Difference Day quickly is becoming an supporting Make A Difference United States. Last year hundreds of mayors issued proclamations Day. JUDGES We Americans to devote the fourth3liaturday ofQlnW - Make roes RICHARD DREYFUSS Actor. Co-founder L.A. Works The idea is simple: ask are Differ*= Dar - to helping others. Nearly one million citizens respo countless lives are improved. This years ROBERT K. GOODWIN CED, painted. graffiti is removed- flowers are planted and A Difference Day is October 26th. Volunteer Centers in many communities are now President and Light Foundation Make day of doing good is sponsored by USA WEEKEND magazine Points of planning projects. This national with The Points of Light Foundation and a network NAOMI JUDD and its forty million readers, in partnership Singer, of five hundred American Liver Foundation Spokesperson Volunteer Centers. PAUL NEWMAN Fonder and President, jects that best USA WEEKEND and Newman's Own Inc., will donate 5120.000 to honor pro be presented with $2,000 Newman's Own, Inc. exemplify the spirit of Make A Difference Day. Sixty honorees will . luncheon in Washear CAPT. SCOTT O'GRADY each. Representatives from 10 projects will attend an awards 24th annual National Volunteer Week. coordinated each year bbyy heD.0Points U.S. Air Force Reserves next April during the Heroic F-16 Pilot & Author of Light Foundation. CRISTINA SARALEGUII�prtjpn Talk Show Host We nil Your support and example. We are asking you toadp a p declaring this asking MARCIA BOLLARD October 26th "Make A Difference Day" In your city. We are also ,ouur yc'pfam►ln inand in a Make A Difference Day project. Editor, USA WEEKEND your staff to become involved Make A Difference Day will inspire many others and will offer you a great opportunity for positive publicity. EMERITUS JUDGES brochure about Make A Difference Day, a sample proclamation and a list MAYA ANGELOU Enclosed please find a how can become effectively involved in Make A Difference Day in your HENRY CISNEROS offering ideas for you like to no hi Please contact The Points of Light Foundation MICHAEL EisNER community. u tech carries USA WEEKEND magazine and/or find o newspaper in your area CHARLAYNE HUNTER-GAULT Centers KATHIE LEE GIFFORD and protects in your area. WHOOPI GOLDBERG The Points of Light Foundation at (202) 223-9186 ext. 139 is available to Lou GoOJR. Barbara Lohman at answer questions from you and your staff. EDWARD JAMES OLMOS ALVIN POUSSAINT Thank you for your consideration. ANDREW SHUE RANDY TRAVIS KRISTI YAMAGUCHI Sincerely. Marcia Bullard Robert K. Goodwin Editor President and Chief Executive Officer USA WEEKEND The Points of Light Foundation enclosures USA WEEKEND 1000 Wilson Boulevard Arlington. VA 22229 (703) 276-6445 FAX (703) 2765518 POINTS OF LIGHT FOUNDATION 1737 H Street. N.W. Washington. D.C. 20006 (202) 223-9186 FAX (202) 223-9256 MAKE A DIFFEUNCE DAY Z e� O Q • V J v a �s z o ®e DOING GOOD .i r1[11�T5 (ll LI(.Hl SAMPLE PROCLAMATION WHEREAS, the foundation of a humane and just society is the people's willingness to work together for the common good: and WHEREAS, our country's volunteer force of 89.2 million people is a great treasure: and WHEREAS, self-sacrificing individuals mobilized to help others can stem the tide of poverty. hunger, home- lessness, spouse and child abuse, and other problems that afflict society; and WHEREAS, the giving of oneself in service to another empowers the giver and the recipient; and WHEREAS, it is the duty of all our citizens to search out opportunities to make a difference in the lives of those around them and dedicate time and resources to the betterment of their community; and WHEREAS, USA WEEKEND is working in partnership with The Points of Light Foundation to promote a national day of doing good and the Volunteer Center of [CITY] is working to [state the objective of one of your major projects]; NOW, THEREFORE, I, [NAME/TITLE] do hereby proclaim October 26,1996 as Make A Difference Day in [CITY/STATE], and urge my fellow citizens to observe this day by joining with friends, fellow employees and rel- atives, with religious, school, and civic groups to engage in projects benefiting their community. Signed this [DATE] day of [MONTH], 1996 MAKE A DIFFERENCE DAY HOT LINE: 1 -BOO -476-3824 In Washington, D.C. call 202-223-9186, ext. 183 ww_w�@-524 MAKEA DIFFERENCE DAY Z is z W Z e 30 � v s z DOING GOOD �ii♦n of Uc.Hi Make A Difference Day ideas for Mayors and Governors: IF YOU DECIDE TO PROCLAIM OCTOBER 26th "MAKE A DIFFERENCE DAY" ...... ...You might hold a press conference and sign the proclamation in a neighborhood where Make A Difference Day projects have been planned. This could help publicize and kick-off efforts for October 26th and demon- strate your commitment to community service. ...You might contact a Volunteer Center near you and offer to be involved in the projects they are planning. They may want you to give a speech at the kick-off of one of their major events, or they may simply ask you to work side by side with other volunteers, serving food, landscaping parks, painting schools, etc. Your involvement would present excellent opportunities for media recognition of volunteer efforts. Call your local Volunteer Center at [insert your contact information]. ...You might take your family and friends to a soup kitchen or shelter on Make A Difference Day to do com- munity service, showing that you are willing to physically and personally tackle problems in your community. ...You might assign a community -wide coordinator to organize grassroots action in cooperation with your local Volunteer Center. ...You might identify a special problem challenging your community — homelessness, flood damage, or child care — and urge your citizens to tackle that problem on Make A Difference Day. ...You might use Make A Difference Day activities as a way to initiate action on a major community concern or issue. ...You might tell the local paper that carries USA WEEKEND and is a local co-sponsor of Make A Difference Day that you back this day of community service and let them know that you will participate in projects on October 26th. MAKE A DIFFERENCE DAY HOT LINE: 1-800-416-3824 In Washington, D.C. call 202-223-9186, ext. 183 "MAKE A DIFFERENCE DAY" OCTOBER 26, 1996 WHEREAS, the foundation of a humane and just society is the people's willingness to work together for the common good; and WHEREAS, our country's volunteer force of 89.2 million people is a great treasure; and WHEREAS, self-sacrificing individuals mobilized to help others can stem the tide of poverty, hunger, homelessness, spouse and child abuse, and other problems that afflict society; and WHEREAS, the giving of oneself in service to another empowers the giver and the recipient; and WHEREAS, it is the duty of all our citizens to search out opportunities to make a difference in the lives of those around them and dedicate time and resources to the betterment of their community; and NOW, THEREFORE, the City Council of the City of Diamond Bar hereby proclaims Saturday, October 26, 1996 as "MAKE A DIFFERENCE DAY" and urges all citizens to observe the day by joining with friends, fellow employees and relatives, with religious, school, and civic groups to engage in projects benefiting their community. DATED: October 15, 1996 Mayor ATTEST: